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Criminal Harassment
A significant number of criminal harassment charges stem from breakups in romantic relationships. While many associate harassment with extreme “stalker” behavior seen in movies, people are often shocked to learn that repeated phone calls, text messages, or social media communications can be considered criminal. If you’ve been charged with criminal harassment, there’s a lot that Song Criminal Defence can do to guide you through the complexities of the criminal justice system. Let us help you protect your rights and navigate this challenging time.
Below, we outline what constitutes criminal harassment, what the Crown must prove beyond a reasonable doubt, and the potential consequences upon conviction.
Criminal Code of Canada, Section 264
(1) No person shall, without lawful authority and knowing that another person is harassed, or being reckless as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that person, reasonably, in all circumstances, to fear for their safety or the safety of anyone they know.
(2) The prohibited conduct includes:
- (a) repeatedly following the other person or anyone they know;
- (b) repeatedly communicating with, directly or indirectly, the other person or anyone they know;
- (c) watching or besetting the place where the other person, or anyone they know, resides, works, or carries on business;
- (d) engaging in threatening behavior directed at the other person or any member of their family.
What the Crown Must Prove Beyond a Reasonable Doubt:
Identity of the Accused: Proof that you are the person responsible for the actions.
Date and Time of the Offence: The actions must have occurred on the specified date.
Jurisdiction: The offence must be tried in the correct legal jurisdiction.
Actions Described in s. 264(2)(a)-(d): The Crown must prove that you engaged in any of the listed behaviors.
Knowledge or Recklessness: The accused must have known, or been reckless to whether, the complainant was harassed.
Harassment: The complainant must have experienced harassment due to the accused’s actions.
Fear for Safety: The accused’s actions must have caused the complainant to fear for their safety or the safety of others.
Reasonableness of Fear: The complainant’s fear must have been reasonable given the circumstances.
Sentencing on Conviction
Criminal Record: A conviction for criminal harassment will result in a criminal record.
Penalties
Summary Conviction: Maximum penalty of up to 2 years less a day in jail and/or a $5,000 fine.
Indictable Offence: Maximum penalty of up to 10 years in jail.
Potential Orders
DNA Order: The court may require you to provide a DNA sample.
Weapons Prohibition: A ban on owning or possessing weapons.
Non-communication and Non-attendance Orders: Restrictions on contacting or being near the complainant.
Forfeiture of Weapons: Loss of any weapons in your possession.
Victim Fine Surcharge: An additional financial penalty applied upon conviction.
How Song Criminal Defence Can Help
Criminal harassment charges can have serious legal and personal consequences. Song Criminal Defence is experienced in handling such cases and can work with you to understand your specific situation, explore defense strategies, and fight to protect your rights. Every case is unique, and we are here to help you every step of the way.
