Section 266 of the Criminal Code of Canada – Assault
G.F.A. was charged with assault stemming from a domestic situation with his estranged wife. G.F.A’s estranged wife claimed that he assaulted her after a dispute over the distribution of property. As is often the case in domestic disputes, the first person to call the police is treated as the victim, irrespective of the facts. The police are quick to lay charges and leave the truth-finding process up to the courts. Moreover, people often make complaints to the police to gain leverage in their divorce/separation proceedings. Fortunately, G.F.A. had the benefit of good legal advice prior to the police questioning him. G.F.A. refused to provide a statement to the police, which almost always makes a defence lawyer’s job easier. The fact that G.F.A. did not have a criminal record made a successful resolution ever more important. Sean Fagan was successful at having this matter by way of the withdrawal of all charges.