> Lamoureux focused on whether the gesture fit into the Criminal Code’s definition of assault as an act where someone “applies force” without another person’s consent.
Advertisement
Article content
> “Air pressure is a force at the molecular level in the same manner as physical force visible to the naked eye. This is basic science, uncontroverted, and not requiring any expert opinion,” wrote the judge. “Accordingly, when Mr. Pruden engaged in an intentional act of coughing, he was emitting a force consisting of lung air molecules into the atmosphere.”
Then breathing at someone is also assault, even when not in a pandemic. As is quickly walking past someone, since that disturbs the air molecules enough to emit a force on passers-by.