WHAT IS CRIMINAL HARASSMENT?
The offence of criminal harassment, more commonly known as stalking, prohibits deliberate conduct that causes someone to fear for their own, or another person’s safety. It is conduct that is said to be psychologically harmful to others and does not necessarily result in physical injury. Criminal harassment often consists of repeated conduct that is carried out over a period of time. However, courts have held that a single incident is sufficient for a conviction. Section 264(1) of the code states:
No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in prohibited conduct that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
PROHIBITED CONDUCT – The conduct mentioned in subsection (1) consists of:
- repeatedly following from place to place the other person or anyone known to them;
- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- engaging in threatening conduct directed at the other person or any member of their family.
EXAMPLES OF CRIMINAL HARASSMENT
- Repeatedly contacting someone who does not wish to have any contact with you (by phone, email, text, facebook, etc.)
- Repeatedly following or stalking someone
- Repeatedly watching someone at their place of residence, employment, or elsewhere
- Repeatedly sending unwanted gifts or flowers to someone who does not wish to have contact with you.
WHAT ARE THE CONSEQUENCES OF A CONVICTION?
Canadian law makes criminal harassment an offence punishable by summary conviction or by indictment. This offence currently carries a maximum penalty of ten years in prison.
Allegations of criminal harassment are taken very seriously by the courts. To gain a better understanding of the consequences you may be facing, it is imperative to seek advice from an experienced criminal lawyer who will help protect your rights. Contact us for a free, initial consultation.