Criminal Harassment Lawyer in Canada

What Criminal Harassment covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The accused engaged in one of the four forms of conduct listed in section 264(2)
• The complainant was in fact harassed
• The accused knew the complainant was harassed, or was reckless or wilfully blind
• The complainant feared for their safety or that of someone known to them
• That fear was reasonable in all the circumstances, assessed objectively

Penalties and consequences on conviction

• A maximum of ten years imprisonment on indictment
• Mandatory consideration of a weapons prohibition, and a DNA order in defined circumstances
• Long-term no-contact and non-attendance conditions on probation
• An aggravating factor under section 264(4) where the conduct breached a court order
• Consequences in concurrent family law proceedings over parenting and contact

Common defences

• The conduct was not repeated, where the section requires repetition
• The complainant's fear was not objectively reasonable in all the circumstances
• Absence of knowledge or recklessness as to the complainant being harassed
• The communication was lawful and necessary, for example contact required by a court order about children
• Context evidence showing mutual and consensual communication
• Resolution by way of a peace bond under section 810 without a criminal conviction

Criminal harassment lawyer: frequently asked questions

How many messages amount to criminal harassment?

There is no number. The section requires repeated conduct, but the analysis is qualitative rather than arithmetic. Two messages containing threats can suffice, while many neutral messages between co-parents about scheduling may not, because the complainant's fear must also be objectively reasonable.

Is criminal harassment the same as uttering threats?

No. Uttering threats under section 264.1 targets a specific threat to cause death or bodily harm. Criminal harassment under section 264 targets a pattern of conduct that causes the complainant to fear for their safety, and no explicit threat is required.

Can a peace bond resolve a harassment charge?

Often, yes. Where the allegations are at the lower end and there is no history of violence, Crown counsel will sometimes agree to withdraw the charge in exchange for a peace bond under section 810. That resolution avoids a conviction and a criminal record.