Trudeau grab an assault? Maybe technically, but PM unlikely to be charged

Following the fracas on the floor of theHouse of CommonsWednesday night, oppositionmembers of Parliament have taken turns scolding Justin Trudeau for his behaviour, with some evensuggestingthat the prime minister mightbe guilty of a crime.

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NDP MP Niki Ashton said that "physical violence" had taken place in the House and that "peoplewould call what happened here assault." Conservative MP and deputy justice critic Michael Cooper suggested that Trudeau's physical encounters with two MPs could be defined as "criminal assault." And Tory MP Mark Warawa tweeted that Trudeau was guilty of "physical assault."

And technically speaking, they mighthave a point.

Ahead of a vote to limitdebate on the government's doctor-assisteddying bill,Trudeauwalked across the aisle and took Conservative Party whipGordBrownby the armwhile inadvertentlyelbowingNDPMP Ruth EllenBrosseauin the chest.Trudeauhas apologized repeatedlyfor the incident and said his behaviour was "unacceptable."

Assault definition is broad

But the act of taking Brown by the arm and ushering him to his seat, "inthe most technical sense probably meets all the requirements for assault," said TorontolawyerDanielLerner, who was a former OntarioCrown prosecutor.

"The basic definition of an assault is if a person intentionally uses force on another person without their consent."

(Brown said he told the prime minister to let go of him.)

But that definition is broad and "can capture quite a lot," Lerner said.

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If incidents similar to that which occurred in the House of Commons were the standard by which people were charged, thousands of daily encountersinvolvingphysical contactcould wind up in court. For example,someone pushingtheir waythrough a crowded busor elbowing their way through a crowd at a baseball gamecould also, technically, be guilty of assault.

"That's not the type of behaviour meant to be captured by criminal law," Lernersaid. "If it's just to grab a person's arm without really much in the way of force behind it, then it would never really capture the criminal justice system's attention."

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Ottawa lawyer Michael Spratt agreed, saying that while, technically, it's an assault, the legal system calls for discretion and restraint when it comes to applying that law so it would likely not beconcerned with incidents as trivial as Trudeau'sgrabbing of Brown's arm.

"I think it would make a true ass out of the law to say thatthis kind of conductmomentary physical contactthatdoesn't leave any injuries in a situation like thiswould everbe charged or prosecuted," Spratt said.

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"It would be my hope that any police officer who was looking at this, Crown who was screening itor judge who was adjudicating it would have the good sense to see that it wasmomentary, on the low end of the spectrum with respect to any force, and that it's something that shouldn't be dealt with criminal law."

In the unlikely event that a charge was laid,Lerner said, "it wouldbe moved out of the criminal justice system by the Crown so quickly, I doubt it would make it to the first appearance."

"We would look at it and say, 'Why are we here?'"

Elbowing no offence

Lerner and Spratt also agreed that the elbowing of Brosseaudoes not meet the definition of assault, even in the technical sense, because that requiresintentional use of force.

If someone wasengaging in morally reckless behaviour and theirnegligence resulted inserious injury, then they could be charged with criminal negligence causing bodily harm. That is not the case with the elbowing ofBrosseau.

"Even ifshe got bruised or something like that, it wouldn't meet the definitionof criminal offence," Lerner said. "If his elbow accidently hits her when walking past her, you can't really say that's a crime."

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Criminal defence lawyer Karen McArthur said that if Brown or Borsseauwanted to lay charges,they could appear before a justice of the peace, who in theorycould say there is enough evidenceto lay an assaultcharge.

"What would happen? Very quickly the Crown attorney would take a look at itand say, 'We're going to peace bondthis or we're going to withdraw itbased on [Trudeau's]immediate apology and remorse.Our criminalcourts do use common sense."

McArthur said placing Trudeau's actions in the context ofassaultminimizes the real and bigger problem of violence and violence against women.

"You are doing a disservice to women and their children who have to drag themselves out of their homes with broken bones and broken souls," she said.