Criminal harassment is defined under Section 264 (1) of the Canadian Criminal Code as engaging in conduct without lawful authority that causes another person to reasonably, in all circumstances, fear for their safety or the safety of anyone known to them.
Types of Prohibited Conduct
- Repeatedly following or shadowing the individual or their acquaintances from place to place.
- Persistently communicating with the individual or their acquaintances, directly or indirectly.
- Loitering or watching the residence, workplace, or any location frequented by the individual or their acquaintances.
- Engaging in intimidating behavior specifically targeting the individual or their family members.
Key Elements of Criminal Harassment
- Harassment: The conduct must trouble, torment, plague, or badger the complainant persistently or chronologically.
- Fear for Safety: The complainant must reasonably fear significant psychological harm, emotional distress, or physical danger.
- Repeated Communication: As little as two instances may suffice to meet the standard of repeated communication under s. 264(2)(b).
- Threatening Conduct: Includes behavior intended to intimidate and instill fear in the complainant.
- Besetting or Watching: Besetting involves persistent solicitation or pressing, while watching entails continually observing someone with intent.
Penalties for Criminal Harassment
Criminal harassment is a hybrid offence, meaning the Crown can choose to proceed summarily or by indictment, which affects the severity of potential penalties.
Summary Conviction Penalties
- Minimum: None
- Maximum: 2 years less a day imprisonment and/or a $5,000 fine
Indictable Offence Penalties
- Minimum: None
- Maximum: 10 years imprisonment
Aggravating Factors in Criminal Harassment Cases
- Violation of a peace bond under s. 810 of the Criminal Code.
- Violation of a prohibition order under s. 161 of the Criminal Code.
- Failure to comply with the terms or conditions of any other order or recognizance.
- Offences committed in a domestic context.
Call (306) 994-8323 to consult a criminal defence lawyer about potential penalties for criminal harassment charges.
Don't Face Criminal Harassment Charges Alone
An experienced criminal defence lawyer is critical when facing a criminal harassment charge. They will help navigate the legal process, protect your rights, and build a defence tailored to your situation.
Get a Free Consultation with a Criminal Defence Lawyer
If you've been charged with criminal harassment, contact us immediately for expert legal assistance. Call (306) 994-8323 to discuss your options with a skilled criminal defence lawyer.