Can You Be Charged With Coercive Control in Canada?

Understanding the New Criminal Offence

Canada has made a significant change to its criminal laws governing intimate partner violence.

As part of the Protecting Victims Act (Bill C-16), Parliament created a new Criminal Code offence specifically addressing coercive or controlling conduct toward an intimate partner. Bill C-16 received Royal Assent on June 18, 2026, with most of the reforms coming into force on July 18, 2026.

For someone accused of coercive control, the new law is significant. Conduct occurring within a relationship that might previously have been considered primarily in the context of other criminal allegations can now potentially form the basis of a separate criminal charge when the requirements of the new offence are satisfied.

What Is Coercive Control?

Coercive control generally refers to a pattern of behaviour used to coerce, control or intimidate an intimate partner.

Importantly, the new offence is not limited to allegations of physical violence.

The legislation addresses a pattern that can include violent conduct, sexually coercive conduct and other controlling behaviour that could reasonably be expected to cause an intimate partner to believe that their physical or psychological safety — or the safety of someone known to them — is threatened.

The law identifies numerous areas of a person’s life that controlling behaviour may affect, including:

• social interactions and communications;
• finances and property;
• employment or education;
• childcare decisions;
• physical appearance;
• access to healthcare services or medication;
• expression of opinions; and
• participation in linguistic or cultural communities.

Threats of suicide or self-harm may also fall within the provision when the other requirements of the offence are present.

Does There Have to Be Physical Violence?

No.

That is one of the most important aspects of the new legislation.

Physical violence can form part of an allegation of coercive control, but it is not necessarily required. The legislation was specifically designed to address patterns of controlling behaviour that can threaten someone’s physical or psychological safety.

At the same time, the law does not make every disagreement, argument or controlling act within a relationship a criminal offence.

Justice Canada’s Charter analysis explains that the offence is intended to address a pattern of behaviour, rather than isolated incidents, and includes requirements relating to both the nature of the conduct and the accused person’s state of mind.

What Does a “Pattern of Behaviour” Mean?

This distinction could become particularly important in defending coercive-control allegations.

The legislation describes coercive or controlling conduct in terms of a combination or repeated instances of specified conduct. This means the prosecution may have to present evidence concerning a series of interactions rather than relying upon a single incident to establish the alleged pattern.

As a result, allegations may involve evidence extending over a period of time.

Depending on the case, communications such as text messages, emails and social-media messages, as well as financial information, witness accounts and other evidence concerning the relationship, could potentially become relevant.

The context surrounding those communications and interactions may therefore be extremely important.

What Must the Prosecution Prove?

The existence of controlling behaviour alone does not automatically establish the offence.

According to Justice Canada’s explanation of the legislation, the offence contains a specific mental component. It applies where an accused engages in the prohibited conduct intending to cause, or being reckless as to whether it would cause, the intimate partner to believe that their physical or psychological safety is threatened.

That distinction matters.

In a criminal prosecution, the Crown must prove the essential elements of the offence beyond a reasonable doubt.

For a defence lawyer, this makes the circumstances surrounding the alleged conduct, the context of the relationship and the evidence concerning the accused’s intention potentially important areas of examination.

What Is the Penalty for Coercive Control?

The new offence is serious.

If prosecuted by indictment, coercive control of an intimate partner carries a maximum sentence of 10 years imprisonment.

The Protecting Victims Act also made broader changes concerning intimate partner violence, including changes to the treatment of certain murders committed in circumstances involving a pattern of coercive or controlling conduct.

What If You Are Accused of Coercive Control?

Because coercive-control cases can involve an alleged pattern of behaviour rather than a single event, the factual history of the relationship may become especially important.

Statements made to police, text messages, emails, financial records, witness evidence and other communications may potentially be relevant to determining what actually occurred and the context in which it occurred.

If you are being investigated or have been charged, obtaining legal advice before providing statements or making decisions about your case can be important.

An experienced criminal defence lawyer can review the allegations and evidence, determine whether the legal requirements of the offence are established, identify weaknesses or inconsistencies in the prosecution’s case and advise you about your available options.

Vancouver Criminal Defence Lawyer David Karp

Allegations involving intimate partners can have serious and immediate consequences. With Canada’s new coercive-control offence, an accused person may also face allegations concerning conduct said to have occurred over an extended period of a relationship.

David Karp is an experienced Vancouver criminal defence lawyer who represents individuals facing serious criminal allegations. He carefully examines the evidence, circumstances and legal issues surrounding each case and works vigorously to protect his clients’ rights and freedoms.

Facing a Coercive Control or Intimate Partner Violence Charge?

If you are being investigated, have been arrested or believe you may be charged with coercive control, spousal assault or another criminal offence, getting experienced legal advice as early as possible can be critical.