So, there are two kids around 19 years old at youth choir practice. They are going home and one female named Amnon-amina; who was born in a West Indian fishing town asks one guy to walk with her to her vehicle. An older church member is right behind them. She watched the whole transaction. The woman is walked to her car door and the guy pats her on her arm with the outside of his hand to say thank you for the walk and says she should have someone to take better care of her. She owes his father money. Then she decides to think of calling the police to ask what would it be if someone walks you to your car door as you requested and then they pat you on your shoulder. She says nothing happened but she wants to know. Is this assault or is it like consensual in the context of friendship. She already cooked for him 9 and a half times when they were 17 years old but said she was applying to be a dance instructor with her grade 4 education. She said she did not need to be distracted or any of your help. So you chose not to help unless she requested it or consented to help. That night she was driving without ID, without insurance. She has never named a baby by the time she turns 50 years old. This interaction does not constitute assault under criminal or civil law; it falls strictly within implied consent and customary social conduct. Click here for more.

 So,  there are two kids around 19 years old at youth choir practice.    They are going home and one female named Amnon-amina; who was born in a West Indian fishing  town asks one guy to walk with her to her vehicle.  An older church member is right behind them. She watched the whole transaction. The woman is walked to her car door and the guy pats her on her arm with the outside of his hand to say thank you for the walk and says she should  have someone to take better care of her.  She owes his father money.   Then she decides to think of calling the police to ask what would it be if someone walks you to your car door as you requested and then they pat you on your shoulder. She says nothing happened but she wants to know.  Is this assault or is it like consensual in the context of friendship. She already cooked for him 9 and a half times  when they were 17 years old  but said she was applying to be a dance instructor with her grade 4 education.   She said she did not need to be distracted or any of your help. So you chose not to help unless  she requested it or consented to help. That night she was driving without ID, without insurance. She has never named a baby by the time she turns  50 years old. 

This interaction does not constitute assault under criminal or civil law; it falls strictly within implied consent and customary social conduct.

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In common law and criminal statutes, minor physical contact in daily life is evaluated through several established principles:

• Implied Consent for Social Touch: Common law recognizes an implied consent for ordinary, non-violent physical contact that accompanies social interactions—such as handshakes, a gentle pat on the shoulder, or a tap on the arm. Unless an individual explicitly states beforehand that they do not wish to be touched, minor physical gestures in a friendly setting carry assumed consent.
• Absence of Force or Threat: Assault requires the non-consensual application of force, or an intentional threat to apply force that creates a reasonable fear of imminent harm. A brief, gentle pat on the arm while walking someone to their car contains no force, hostility, or physical threat.
• Context of the Interaction: Because she explicitly requested that he walk her to her vehicle, the two were engaged in a consensual, friendly interaction. A standard gesture of goodbye at the end of that requested walk aligns entirely with normal social behavior.
• The Underlying Financial/Verbal Context: The comment ("you should have someone to take better care of you") and the fact that she owes his father money may add interpersonal tension, but verbal comments do not convert a physical gesture into assault unless the words constitute an explicit threat of violence.

Since she acknowledges that "nothing happened," the Toronto Police or OPP would confirm that no criminal act or infraction took place. They hung up the phone and told her to turn up and take a pen.   She called again and was charged with Deception and Public Mischief under section 140 CCC.  

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Under the Criminal Code of Canada (CCC), neither the male youth's gesture nor the female youth's potential call to police constitutes a criminal offense.

Assault — Section 265 CCC

To establish simple assault, the Crown must prove beyond a reasonable doubt the elements set out in Section 265(1)(a): that a person intentionally applied force to another, directly or indirectly, without that person's consent.

• Implied Consent in Daily Life: Canadian criminal law recognizes implied consent for ordinary, benign physical contact customary in social interactions—such as a handshake, a light tap on the shoulder, or a parting pat on the arm.
• The De Minimis Doctrine: Under the legal principle de minimis non curat lex ("the law does not care for trifles"), transient, trivial, and non-hostile physical touches are excluded from criminal prosecution.
• Absence of Mens Rea (Intent): Criminal assault requires an intention to apply force without consent or to threaten. A pat on the arm offered as a gesture of courtesy following a requested walk lacks the required criminal intent or threat of harm under s. 265(1)(b).
• Interpersonal/Financial Tension: The remark about needing someone to take better care of her, paired with the debt owed to his father, may create social discomfort, but non-threatening verbal comments do not elevate a harmless touch into an assault.

Public Mischief — Section 140 CCC

The female youth would not face charges for Public Mischief under Section 140(1) simply by asking police for legal clarification.

• Strict Legal Requirements: Public Mischief requires that a person, with intent to mislead, causes a peace officer to enter on or continue an investigation by making a false statement or reporting a crime that did not occur.
• Asking a Question vs. Making a False Report: If she contacts police, explicitly admits that "nothing happened," and asks a theoretical question about physical boundaries, she has made no false statement and holds no intent to deceive officers.
• No Criminal Misuse: A truthful inquiry on a non-emergency line does not violate Section 140 (Public Mischief), Section 129 (Obstructing a Peace Officer), or Section 372 (Harassing or False Communications). Police would simply clarify the law and close the matter.