The process of filing a complaint for physical assault in Quebec can feel daunting, especially while dealing with the physical and psychological shock that follows a violent encounter. When a person is attacked, the consequences often go beyond visible injuries. Post-traumatic stress disorder, inability to return to work, constant fear: there are many serious after-effects. Understanding the available recourse will empower you to act quickly, safeguard your rights and claim fair compensation. Anyone who has been the victim of physical violence can take legal action. There are two main types of legal action: criminal and civil. Each has its own specific rules, results, and deadlines. Let our lawyers for victims of physical assault explain.
What counts as physical aggression?
Physical aggression is any deliberate act that violates a person’s physical integrity without their consent. This includes hitting, slapping, shoving, strangling, injury inflicted with the use of an object, or any other form of violent contact. It is not necessary for the victim to suffer visible injuries: intent to harm and lack of consent are enough. Even an attempted assault or credible threat can be considered an offense or crime.
This type of act can occur in a familial, martial, professional, or public context. A victim of spousal or sexual violence is well within their rights to lodge a complaint. The relationship between the victim and the aggressor has no bearing on the legal classification of the acts. If there is any doubt about the seriousness of the facts, it is always a good idea to consult a lawyer. A detailed analysis will help you define the aggression you experienced, identify potential legal remedies, and safeguard your rights as a victim.
Criminal recourse: filing a complaint with the authorities
Goal of criminal legal action
The aim of criminal recourse is to punish the aggressor for the offense committed. The goal is not to obtain financial compensation but to have the act recognized as a crime and the accused person convicted. Physical assault is an offense under the Canadian Criminal Code. Categories of assault include beatings, threats, simple or aggravated assault, assault with a weapon, attempted strangulation, willful bodily harm, and more.
How to file a police report
The first step is to file a police report with your local police department. This will trigger an investigation. If the police consider that there are grounds for prosecution, the file is forwarded to the Directeur des poursuites criminelles et pénales (DPCP). The DPCP decides whether charges will be laid. At this stage, the victim becomes a witness in the case. They have no control over the proceedings. The state takes charge of the prosecution, since public order is at stake.
Testimony and possible protection
Victims may be called upon to testify at trial. They may also be able to obtain certain protections, such as a restraining order if the aggressor represents a danger. The criminal process does not lead directly to compensation. For that, you need to follow a different procedure. Staying in contact with the authorities and your lawyer is important to make sure your case is followed up rigorously.
Civil action: claiming compensation from the aggressor
Taking civil action
A victim can also file a civil claim against the aggressor, and this can happen alongside or after the criminal process. This recourse allows a victim to claim damages to compensate for the harm suffered, including physical pain, psychological distress, loss of income, medical expenses, and more.
Unlike criminal proceedings, civil action is initiated by the victim. The process starts with submitting an application to the appropriate civil court, which is usually the Court of Quebec (Civil Division) or the Superior Court, based on the amount of compensation sought. The claimant must demonstrate that the assault took place, identify the perpetrator as the person being sued, and prove that they suffered direct damages.
Evidence and possible compensation
The victim may be awarded compensation based on the aggressor’s civil liability. To succeed in a civil claim, the victim must establish, through the weight of evidence, that the assault caused measurable harm. Evidence is at the heart of the process: medical records, testimonies, police reports, written exchanges, etc. Compensation can cover past and future care, therapy, economic loss, loss of quality of life, and emotional suffering. In some cases, punitive damages may also be awarded if the assault constitutes an unlawful and intentional attack on physical or psychological integrity.
One of the key aspects of civil recourse is that the victim remains in charge of the proceedings. They can choose their lawyer, decide on legal strategies, negotiate a settlement, or pursue a court decision.
How can I be compensated for bodily and moral injury?
Compensation through IVAC
Victims of physical assault in Quebec can also obtain compensation through IVAC (Indemnisation des victimes d’actes criminels). This government program offers financial assistance to people who have suffered bodily or emotional harm as a result of a criminal act.
To be eligible, the act in question must be considered a criminal offense and have been committed in Quebec. Physical assault, in all its forms, is generally covered by IVAC. The victim does not have to prove the aggressor’s guilt or wait for a criminal trial. A police complaint is enough to set the process in motion, even if the aggressor is not identified or arrested.
What IVAC can cover
IVAC can cover a number of costs: medical and psychological consultations, medication, travel expenses, loss of income, and costs associated with temporary accommodation or protective measures. It is also possible to receive compensation for non-pecuniary damage, often referred to as “moral damages”, related to the violence suffered and its long-term impact.
Steps to take
An application to IVAC must be made within three years of the date when the offense was committed or discovered. In exceptional circumstances, it may be possible to make a claim after a longer period. Victims are often not in a position to take action immediately after an assault. You can rely on a lawyer to help you build a solid claim, gather all the necessary documents, and ensure that all required steps are taken.
Time limit for filing a complaint for physical assault
Criminal statute of limitations
Time limits vary depending on the type of action taken. There is no criminal statute of limitations for aggravated assault, sexual assault, or other violent offenses. A complaint can be filed years after the fact, although evidence becomes more difficult to gather over time.
Civil statute of limitations
For civil claims, the statute of limitations is generally three years from the time when the victim knew, or should have known, of the link between the assault and their injuries. This period may be interrupted in certain situations, notably if the victim was a minor or under the influence of a psychological disorder preventing them from acting.
It is strongly recommended to act quickly, even if there is no immediate deadline. The erosion of evidence, the departure of witnesses, and the loss of medical documents can damage the case. Early consultation with a lawyer can help identify available courses of action and meet deadlines.
Let a law firm help you file a complaint for physical assault
The process of filing a physical assault complaint extends beyond legal procedures, encompassing the need for personal rebuilding, acknowledgment of the harm suffered, and establishing future safety. Many victims feel isolated and uncertain when navigating a complicated system, often compounded by the effects of verbal abuse that intensifies the psychological trauma.
At Medlégal, our team of Montreal health law attorneys handles physical assault cases with rigor and determination. We analyze each situation, advise our clients on the best course of action, build solid cases, and represent them before all competent jurisdictions. Whether you’re considering a criminal complaint, a civil suit, or an application to the IVAC, we’ll support you every step of the way.
Have you suffered a physical assault? Contact Medlégal. Our lawyers will help you assert your rights and obtain compensation, providing thorough and organized support every step of the way.
