The word “provocation” is only used in the criminal code when it talks about reducing murder to manslaughter in Section 232. Although “provocation” is not used in relation to assault, it is regularly raised as an issue at trial. The use of force “factors” in Section 34 do raise issues of provocation, using words like ” the person’s role in the incident” , the history between the parties, and the history of interaction between the parties.
Black’s Law Dictionary defines provocation as ” Such conduct or actions on the part of one person towards another as tend to arouse rage, resentment or fury in the latter against the former,”.
Victims should be asked direct (not leading) questions about provocation and investigators should seek to substantiate or corroborate statements made by the victim regarding this potentially contentious issue. Regardless of whether you find the victim statement convincing ( A subjective test), The court will be looking for objective evidence in support of the victims statement.