Round two in the courts if more than ego bruised

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PRO BONO

Dear Tuma:

I had a fight with someone and wondered about how to charge her with assault. I spoke to the police and they told me that no charges would be laid. Why is this? She is the one who assaulted me and now she is going to get away with it. What can I do?

Beaten Black and Blue

Dear Beaten:

Sorry to hear about your fight and all else that you have gone through. There are a couple of things you can pursue, but there is no guarantee of the outcome.

First of all, the police have a tremendous amount of discretion and authority in laying charges. It is the police that lay the charge against someone, not you. You provide the evidence necessary for a charge to be laid. In other words, the police investigate the assault and determine whether or not charges should be laid. In your case, the police decided, for whatever reason, that a charge should not be laid.

The reason for this could have been because the fight was consensual or that there was no sufficient harm done (i.e. hurt feelings only, or that you were the attacker rather than the victim).

Often the police will consult with the Crown prosecutor's office to see if there is enough evidence to support a conviction. If not, then no charge is laid. The primary consideration for the Crown prosecutor's office is that a charge must have a reasonable likelihood of conviction in order for it to proceed.

What can you do if the police refuse to lay the charge? The first thing is to speak or write to the supervising police office in your detachment. Ask for written reasons as to why the charge will not be laid and what amount of evidence they consider sufficient for a charge to be laid. If the answer is still no and you think that they are not doing their job, you can complain to the local police commission.

You can also go to the courthouse and swear out a private prosecution. This means you are laying the charge yourself and that you have enough evidence for it to go to trial. You will appear in court and present the case without the Crown. (I would suggest hiring a lawyer to present your case.) I have heard the chances of success for a private prosecution is slim, but if you get your day in court, you just may win your case.

Finally, another way is to sue the other party for personal injuries incurred in the fight. This is a civil action and you will need to hire a lawyer for this. Some folks are not afraid of criminal sanctions, but if they have to pay for every slap, scratch, kick and punch they will think twice about fighting you again.

Tuma

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Questions can be sent to Tuma Young at tumayoung@yahoo.ca