In Canada, criminal harassment is defined under Section 264 of the Criminal Code. It is also commonly referred to as “stalking.”
It may not seem like a big deal, but stalking is actually a serious criminal offence. If convicted, you can face penalties such as imprisonment, probation, fines, or restraining orders.
What Constitutes Criminal Harassment?
The Criminal Code describes criminal harassment as engaging in conduct that causes another person to reasonably fear for their safety or the safety of someone known to them. The conduct must also be intentional and persistent, causing the person to feel harassed, threatened, or intimidated.
Some key elements of criminal harassment in Canada include:
- Conduct: This refers to any action or behavior, whether direct or indirect, that is directed at a specific person. It can include following, repeatedly communicating with the person, watching their home, or spreading false information about them.
- Reasonable Fear: The conduct must cause the victim to reasonably fear for their safety or the safety of someone they know. This fear must be based on objective grounds, meaning that a reasonable person in a similar situation would also fear for their safety.
- Intent: The person engaging in the conduct must have the intention to harass the victim or be reckless as to whether their conduct would cause harassment. This means they must be aware of the potential consequences of their actions.
- Persistence: The conduct must be persistent, meaning that it occurs on more than one occasion. However, a single incident can still be considered harassment if it is particularly serious.
Penalties for Criminal Harassment
In Canada, the maximum sentence for criminal harassment, as outlined in Section 264 of the Criminal Code, depends on the severity of the offence and whether it is prosecuted as a summary conviction or an indictable offence. The penalties are as follows:
- If prosecuted as a summary conviction offence:
- The maximum penalty is imprisonment for a term not exceeding two years less a day, a fine not exceeding $5,000, or both.
- If prosecuted as an indictable offence:
- The maximum penalty is imprisonment for a term not exceeding 10 years.
These are the maximum penalties, and actual sentences can vary based on the specific circumstances of the case, including aggravating or mitigating factors, the defendant’s criminal history, and any harm caused to the victim. Similarly, the use of a weapon, the presence of a restraining order, or bodily harm can all elevate the seriousness of the offence. In such cases, the penalties may be more severe.
If you are facing charges related to criminal harassment, it is crucial to consult with a qualified criminal defence lawyer who can provide you with legal advice and representation tailored to your specific situation.
The Dhanu Dhaliwal Law Group team can help protect your rights, explore potential defences, and guide you through the legal process. Get in touch with us today by calling our office or by filling out the contact form on this page.
