Criminal Harassment
Criminal Defence
If you are charged with criminal harassment, you will likely be required to appear in court. You have the right to defend yourself against these charges, but if convicted of this offence, you could face significant penalties including imprisonment and fines.
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Criminal Harassment
Criminal harassment charges in Canada are serious business. If you've been charged with criminal harassment, you need a criminal defence paralegal who can defend you and get the charges dropped.
Criminal harassment is defined as repeatedly contacting, communicating or interfering with someone else's life. This includes phone calls, emails, texts or even showing up at their house, workplace or school.
If the person being harassed doesn't want to communicate with you, it's considered harassment and it's against the law. You can be charged with criminal harassment if you continue to contact them even after they've asked you to stop.
There are many possible defences for criminal harassment charges including self-defence, provocation and necessity. It's important that you have an experienced criminal paralegal on your side who will help prove that there was no intent to harass or harm the victim of this crime because intent is key when determining whether or not someone should be found guilty of criminal offences such as these ones here in Canada today!
Criminal Harassment in Canada
Criminal harassment charges in Canada can be brought against you for a variety of reasons. It's important to know what the charges are, and what defences are available to you!
Criminal harassment charges in Canada fall under the Criminal Code. Criminal harassment is an offence under the Criminal Code of Canada. It can be committed against a person, property or business.
If you have been accused of criminal harassment in Canada call us now at
844-4-WIN-4-ME for a
free consultation.
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Criminal Harassment
Some common information about criminal harassment.
Criminal Harassment: Defined
Section 264 of the Criminal 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 conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them."
The act of criminal harassment involves displaying obsessive and unwanted conduct on the part of another individual to harass, annoy, or otherwise disturb them.
This Passage Mentions the Following Conduct:
- Following someone or anyone known to them repeatedly from place to place
- Watching the dwelling-house of the other person, or any place where they reside, work, carry on business, or are at any time or place
- Acting in a threatening manner toward the other person or a family member
- Communication with the other person, whether directly or indirectly, regularly
What "Repeatedly" Means
An activity that is done "repeatedly" occurs more than once or twice or more than is usually considered to be normal.
An example of criminal harassment would be following someone home against their will more than once or twice. Criminal harassment may be construed if you harass, frighten, or annoy a person in an unwelcome manner.
Criminal harassment cases often focus on the defendant's conduct in this regard as a key element of the case in terms of "repeated" acts.
Criminal Harassment: What Must Be Proven
Convictions Require the Following to Be Proven:
- There is no doubt that the defendant knew or recklessly ignored the harassment of the complainant
- According to the Criminal Code description of the offence, the defendant repeatedly, communicated with, watched, or threatened the complainant repeatedly.
- As a result of the conduct, the complainant feared for his or her safety or the safety of anyone they know
- Harassment was experienced by the complainant
- It was reasonable for the complainant to be concerned
When determining whether the complainant's fear was reasonable (that it was reasonable), the court will look at whether a reasonable person would feel threatened under similar circumstances. Taking into account all the circumstances around the alleged harassment, as well as any history between the complainant and the defendant, is essential.
*Only that the complainant felt threatened is required of the prosecution - not any physical or mental harm.
Criminal Harassment: Penalties
There is a good chance that our clients will avoid a criminal conviction in most cases. Often, our team can negotiate a reduced charge with the prosecutor involving fines and probation. Depending on your case, your criminal history, and your situation, we can also argue your case for leniency with the judge, who has a great deal of discretion.
Your charges may be dropped if you sign a peace bond. A peace bond requires you to stay away from the complainant and cease contacting them for a year. In addition to these requirements, you will be required to keep the peace, be of good behaviour, and report to probation as needed during this time. After you sign the peace bond, the charges against you will be withdrawn and you won't have a criminal record.
Another way to drop criminal harassment charges is to complete a diversion program. A mental health diversion program or the Alternative Measures Program (AMP) are two diversion programs that may be available to you. In a mental health diversion program, you will complete activities like counselling, community service, or other treatments. Typically, this process takes several months. In the end, you will be able to avoid a criminal record once you have completed the program.
The Crown may not agree that diversion or a peace bond are appropriate ways to resolve your case, but a successful discharge application may still result in no criminal record. The court may set conditions for your conditional discharge, which must be followed for a specific time. Your discharge will become absolute if you do not breach the conditions, and you will be able to claim never having been convicted. An absolute discharge means that you are discharged immediately from the offence without any conditions.
Penalties That May Be Imposed Include:
- Indictment: Up to 10 years imprisonment,
- Summary: Up to 2 years less a day imprisonment and a $5,000 fine.
Others:
- Possible mandatory 10-year weapons prohibition
- Possible sample for the Canadian DNA data bank
Criminal Harassment: Possible Defences
Mistaken Identity
- It may be possible to use an identity defence when there is no or poor-quality surveillance footage.
Lawful Authority
- Criminal harassment prosecutions are unlikely to succeed if a person had lawful authority to communicate regularly with the complainant. It is not criminal harassment to contact a person frequently to reclaim a debt or follow a family court order.
No Intent to Cause Fear
- Criminal harassment requires intent, so if you can show that your actions did not intend to cause fear for the complainant's safety, that could be a good defence.
Unreasonable Fear
- The Crown prosecutor must prove the reasonableness of the complainant's fear. It is possible to dismiss the case if a reasonable person would not deem the defendant's communications with the complainant to be threatening.
Violation of Constitutional Rights
- Before and after an arrest, law enforcement must recognize certain rights under the Canadian Charter of Rights and Freedoms.
- Police failing to follow these guidelines could result in evidence being dismissed, and the case could be dismissed.
Factual Innocence
- The Crown Prosecutor will not be able to secure a conviction for criminal harassment if the facts and evidence do not support your presence at the time of the offence, your harassment of the victim, or other basic elements of the offence.
Frequently Asked Questions
Here are answers to some common questions.