Criminal harassment includes a variety of actions, such as sending frequent texts, stalking, and threatening people. Depending on the matrix of facts and how offensive the behavior was, different punishments may be applicable.
The criminal offence of criminal harassment, also known as ‘stalking’, is recognized by law. It encompasses recurrent activity towards a person, as well as the circle of persons known to that person, calling, such as continuously texting, or messaging on social media, repeatedly showing up at a person’s apartment or place of employment and following a person around. Even if the conduct in question does not include any verbal communication, threats, or violent behavior, you may still be charged with a criminal harassment charge.
What does Canada Criminal Harassment mean?
A violation of section 264(1) of the Criminal Code is when someone acts in a way that makes another person reasonably fear for their safety or the safety of someone they are aware of the possibility that another person is being assaulted while acting illegally, while they are aware that the other party is being harassed, or while acting carelessly.
Section 264(2) specifies the types of behavior that are prohibited:
- They repeatedly follow the other person or anyone they are familiar with around
- They repeatedly communicate with them, either directly or indirectly
- Threatening behavior is directed towards the other individual or any member of their family
- Besetting or maintaining watch over a person’s or someone they know’s home, workplace, place of business, or wherever they happen to be
What are the Potential Punishments for Engaging in Criminal Harassment Ontario?
Being a hybrid offence, criminal harassment can be prosecuted either through an indictment or a summary conviction.
If the Crown pursues a summary conviction, the most severe penalty is either a fine of up to $5,000 or a sentence of up to two years and one day, or both.
The maximum penalty is a sentence of imprisonment not to exceed ten years if the Crown pursues its case through an indictment.
Aggravating Factors on Criminal Harassment Sentencing
If a person is found guilty of criminal harassment, the presiding judge must take into account the following circumstances as aggravating if they apply to that specific case:
The accused also violated the terms or conditions of a restriction order or a peace bond at the time the criminal harassment offence was committed, as well as any other order, recognizance, or common law obligation that was in place at the time the offence was committed.
What are the Possible Defenses against this Charge?
The possible defences that you may have, similar to any case, rely on the particular facts of your situation.
There are several defences that could be used in a Canada criminal code harassment case, including the ones listed below:
- Lawful Authority → Criminal harassment does not apply to someone who has a legitimate cause to contact someone regularly, such as a probation officer, a bank employee, or a medical practitioner.
- Factual Innocence → The Crown will not have met its burden of proof if they are unable To establish the following facts beyond a reasonable doubt:
- The accused’s name
- The incident’s time and place, the jurisdiction
- The fact that the accused violated Section 264(2)
- The fact that the complainant was actually harassed
- The fact that the accused knew or should have known that the complainant was being harassed
- The fact that the conduct in question made the complainant fear for his or her safety
- The security of everyone they know
- That in light of the whole situation, the complainant’s worries were valid
- Violation of Charter Rights → People have certain rights under the Canadian Charter of Rights and Freedoms, such as:
- The prohibition of unreasonable search and seizure
- The prohibition on arbitrary detention
- The right to prompt notification of the circumstances surrounding an arrest
- The right to immediately retain legal representation and receive legal advice
- The right to a speedy trial
In addition, your case’s evidence could be excluded or the proceedings could be suspended if your Charter challenge is successful.
Where to refer for Harassment Charges?
The details mentioned above give an overall picture of criminal harassment, along with some potential consequences and defences. But no two cases are the same. Each criminal case is unique to the facts and varies in complexity depending on the problems involved.
Have you been accused of criminal harassment? Call the Kisel Law legal office at (289)-835-3465 right away to find out more about how we can assist you. Kisel Law’s criminal harassment Ontario lawyers are prepared to examine your issue in detail and create a strategy that is specific to your requirements. Choosing competent legal advice represents the initial step in building a strong defence.