CRIMINAL HARASSMENT

Section 264(1) of the Criminal Code (CC)

• Pursuant to this section, no person shall, without lawful authority, shall recklessly harass another person. This includes repeatedly following, communicating, watching, or engaging in threatening conduct with any person or their family.

Criminal harassment, which includes “stalking,” is a crime:

While many crimes are defined by conduct that results in a noticeably clear physical outcome (for example, murder), the offence of criminal harassment prohibits deliberate conduct that is psychologically harmful to others. Criminal harassment often consists of repeated conduct that is carried out over a period of time, and that causes its targets to reasonably fear for their safety but does not necessarily result in physical injury. It may be a precursor to subsequent violent and/or lethal acts.

Penalties for Criminal Harassment

If found convicted of Criminal Harassment, you could face:

• An indictable sentence of up to ten (10) years
• A summary sentence of up to two (2) years.

Additional penalties may include:

• A possible criminal record
• An absolute or conditional discharge
• A peace bond (a court order to stay away from the alleged victim)
• A possible fine

Many times, criminal harassment charges are accompanied by “failure to comply” charges which are usually a breach of a court order or a breach of probation. If you have been charged with “a breach” or “failure to comply”, contact us immediately. These types of charges are usually more serious in nature and often require sound legal advice

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