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Criminal harassment, often called stalking, is a complex legal issue in Canada due to its subjective nature and varying degrees of severity. The charge can encompass a range of acts, making it challenging to define and prosecute.
Moreover, potential harassment charges can have serious consequences, including criminal penalties and civil remedies. Seeking legal help is essential if you find yourself on the receiving end of a harassment charge. As experienced criminal lawyers, we can help you understand the specific charges against you, the elements that need to be proven, and the potential consequences you may face.
Criminal harassment, also referred to as stalking, is defined under Section 264(1) of the Criminal Code of Canada. It involves engaging in conduct that causes another person, anyone known or otherwise, to reasonably fear for their safety and serves no legitimate purpose. While harassment typically involves repeated behaviour, a single incident may be sufficient if it is overtly threatening.
The law does not require the accused to intend to cause fear — it is enough that a reasonable person in the complainant’s position would feel harassed or intimidated.
Criminal harassment may be classified as domestic or non-domestic depending on the relationship between the complainant and the accused. Domestic cases often involve current or former romantic partners, while non-domestic cases may stem from workplace conflicts, neighbour disputes, civil disagreements, or even unwanted attention from strangers.
Harassment-related charges are frequently accompanied by other offences such as uttering threats, mischief, or assault, due to the persistent and escalating nature of the behaviour.
If you have been charged with criminal harassment, you should seek help from an experienced harassment or assault lawyer immediately. Pyzer Criminal Lawyers will provide you with the necessary legal expertise and help you navigate the complexities of the legal system, protect your rights, and build a strong defense.
In Canadian criminal law, harassment is defined as anyone engaging in a course of conduct that causes another person to fear for their safety or the safety of someone else, or that causes them to suffer substantial emotional distress.
For example, if a man repeatedly sends unwanted messages to a woman in Ontario or anywhere else in Canada, even after she has asked him to stop, he then continues to contact her through various means, such as phone calls, emails, and social media messages. Another example is an employer repeatedly making unwanted sexual advances toward an employee, such as touching her inappropriately, making suggestive comments, and pressuring her to engage in sexual activity. Any of these behaviours, if they cause her fear or intimidation, may be considered criminal harassment.
In summary, the following prohibited conduct (section 264(2) Criminal Code) constitutes criminal harassment:
The prosecutor must prove several key elements to the court in order to win a conviction for criminal harassment. These elements establish the offense and are necessary to establish the accused’s guilt. The elements include:
If you’re facing harassment charges, several legal defences may be available. These can include challenging the accuser’s credibility, disputing the evidence, or arguing that the behaviour doesn’t meet the legal definition of criminal harassment under the Criminal Code.
Lawful authority is a defence used when the accused had a legitimate reason to engage in the alleged conduct. For example, a police officer following a suspect during an investigation may be seen as harassment by the suspect but is legally justified.
To succeed with this defence, the conduct must have been reasonable under the circumstances and carried out for a valid purpose. However, it only applies in specific cases and depends heavily on the facts involved.
“Reasonable fear” means the complainant’s fear must be objectively justified in the circumstances — not just based on discomfort or annoyance. The Crown must prove that a reasonable person would have felt threatened.
To challenge this, you can present evidence showing your behaviour wasn’t threatening, or that the complainant misunderstood your actions. However, you must provide objective proof — your personal belief that your conduct was harmless isn’t enough.
In criminal harassment cases, your defense of lack of intent involves proving that you did not possess the necessary intent to commit the crime. To achieve this, you must show that you lacked awareness of the harassment, acted without recklessness, and did not specifically intend to instill fear or harm in the complainant.Â
It's crucial to understand that lack of intent doesn't necessarily equate to innocence or absence of repercussions from your actions. It simply denotes that you didn't harbor the required mental state to be found guilty of criminal harassment.
In criminal harassment cases, your defense of incorrect or mistaken identity involves proving that you were not the person responsible for the alleged harassment. To succeed, you must show that you were mistakenly identified as the person responsible for the offense. To succeed, you must present sufficient evidence to persuade the court that you were not the culprit of the alleged harassment. This could entail presenting evidence proving you were not present at the time of the alleged offense, or having an alibi confirming your innocence.
Factual innocence is a strong defense to a criminal harassment charge and entails the accused maintaining they did not commit the offense they are charged with. Mistaken (or incorrect) identity is one of the defenses against a charge of criminal harassment. You may also present an alibi to show that you were not present at the time of the alleged offense.Â
You could argue that there is insufficient evidence to support the Crown's case or present evidence demonstrating that the complainant's fear was based on a misunderstanding or misinterpretation of your actions.
In criminal harassment cases, your defense could involve asserting that your rights under the Canadian Charter of Rights and Freedoms were violated either before or after your arrest, or during the trial. To successfully employ this defense, you must prove that your Charter rights were infringed upon in a manner that affected the fairness of your trial or the reliability of the evidence against you.
Criminal harassment is a hybrid offence under Section 264 of the Criminal Code of Canada, meaning the Crown can choose to proceed either summarily or by indictment. This choice — known as a Crown election — significantly affects the potential sentence you may face.
Even for first-time offenders, a conviction for criminal harassment can result in serious and lasting legal consequences.
When the Crown proceeds summarily, the offence is considered less serious — but the penalties can still be life-altering:
This route is typically used in cases where the conduct was non-violent, the accused has no prior record, and the complainant’s fear, while real, stemmed from less persistent or threatening behaviour.In many cases, individuals charged with criminal harassment are arrested and must attend a bail hearing to seek release. Bail conditions often include no-contact orders, travel restrictions, or mandatory check-ins with authorities while the case is ongoing.
If the Crown proceeds by indictment, the case is treated more seriously and carries harsher consequences:
This approach is often used in domestic harassment cases, repeat offences, or where the alleged conduct includes threats, violence, or stalking behaviour.
Beyond fines or jail time, a criminal harassment conviction may lead to:
While your driver’s record may not be directly affected, the presence of a criminal record will show up in background checks and can have wide-reaching effects.
Not all harassment charges result in a conviction. Depending on the facts of your case and the strength of your defence, it may be possible to:
Indictable criminal harassment cases are typically heard in the Ontario Superior Court, where more serious offences are prosecuted. Early legal intervention is key. Working with an experienced criminal defence lawyer gives you the best chance of minimizing penalties — or avoiding a conviction altogether.
Facing criminal harassment charges can be a daunting experience. However, you do not have to navigate this legal maze alone. As experienced criminal and workplace harassment lawyers, the Pyzer criminal lawyers in Toronto will strive to protect your interests with skill and discretion.
We’ve successfully represented clients facing criminal harassment charges in both domestic and non-domestic contexts, including workplace-related incidents and allegations involving former partners. Whether you are being accused of criminal harassment or workplace harassment, we encourage you to contact us for a free consultation. Let us put our knowledge and experience to work for you, safeguarding your future with the best possible legal representation.
In the context of criminal harassment, “repeatedly” following, communicating with, or watching someone refers to persistently engaging in these behaviours over time. It implies a pattern of behavior rather than a one-time occurrence. It is this repetitive nature that distinguishes criminal harassment from other forms of behavior. The intent behind these actions is to cause fear, intimidation, or distress to the victim.
The complainant’s fear does not need to be reasonable, but it must be objectively understandable in the circumstances. The prosecutor does not have to prove that the complainant suffered harm, but they must prove that the accused engaged in conduct that caused the complainant to fear for their safety or the safety of someone known to them.
Yes. Domestic harassment refers to abusive behavior that occurs within a domestic or family relationship, while workplace harassment refers to abusive behavior that occurs in the context of employment. The prosecutor does not have to prove that the complainant suffered harm for a conviction of criminal harassment, but they must prove that the accused engaged in conduct that caused the complainant to fear for their safety or the safety of someone known to them. In the context of workplace harassment, the focus is on the behavior and its impact on the work environment with the goal of creating a safe and respectful workplace.
