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Old 07-23-2015, 02:17 PM   #35
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Quote:
Originally Posted by ken0042 View Post
“He punched the camera in my chest and I just opened the car and left,” said Qayyum.

That is where I am basing the assault part of the case. It seems that crossed the line between insults, and more towards "sticks and stones."
While I think you're right about the line being crossed at that point into something the RCMP would be interested in, assault doesn't actually require physical contact.

Quote:
Assault
  • 265. (1) A person commits an assault when
    • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
    • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
His conduct itself is incredibly aggressive, and is arguably enough for criminal assault on its own. I would have a hard time looking at that and telling the cab driver, "surely you didn't really believe this was a person with the capacity for violence."
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