Domestic assault trial. Issue as to whether the doctrine of de minimus applies to domestic conflicts. Two of the three allegations involved the accused brushing past his wife, or moving her to the side, as he walked through doorways. The third incident involved the accused holding the complainant down.
Held: Conviction entered.
Although domestic assault cases are unique, there is no blanket prohibition to the application of the de minimus doctrine: McLeod, 2006 ABPC 114. “The de minimus principle may apply in domestic disputes, depending on the particular context and circumstances of the case.” Court found that two of the three incidents were de minimus. However, the act of holding the complainant down in an effort to calm her down constituted an assault.
A. Fay – Defence Counsel