BSB Logo
416-365-3151 or

Toronto’s Trusted Criminal Harassment Defence Lawyer

Toronto’s Trusted Criminal Harassment Defence Lawyer
Criminal Harassment Defence Lawyer

Under s. 264.(1) of the Criminal Code, it is an offence for an individual, without lawful authority, and knowing that the other person is harassed or being reckless as to whether the other person is harassed, to engage in four types of conduct that cause the other person to reasonably fear for their safety or the safety of anyone known to them. The four types of prohibited conduct are:

  1. Repeatedly following the other person, or anyone known to them, from place to place;
  2. Repeatedly communicating directly or indirectly with the other person or anyone known to them;
  3. Besetting or watching the home or place where the other person, or anyone known to that person, lives, works, carries on business, or happens to be;
  4. Engaging in threatening conduct directed at the other person or any member of their family.

To prove that you committed the offence of criminal harassment, the Crown must demonstrate:

  1. That you engaged in at least one of the four types of conduct;
  2. That the complainant was harassed by the conduct;
  3. That you knew the complainant was harassed or were reckless or willfully blind as to whether the complainant was harassed;
  4. That the conduct caused the complainant to fear for his or her safety or the safety of anyone known to him or her; and
  5. The complainant’s fear was reasonable in the circumstances.

FAQ

Harassment occurs where the complainant feels tormented, troubled, continually worried, or chronically plagued. It is not sufficient for the Crown to show that the complainant was merely annoyed by unwanted contact or unwelcome behaviour. Similarly, behaviour that is only mean, petty, uncooperative, or spiteful will not rise to the level of harassment.

The Crown is not required to prove that you knew your behaviour was harassing the complainant or that you intended to harass the complainant. Even if you did not deliberately harass the complainant, you can still be convicted if you were aware of a risk that the complainant would be harassed by your conduct and were reckless or willfully blind as to the consequences of your actions.

Yes. Courts have repeatedly held that “safety” includes not just physical safety, but also psychological safety. This means that conduct that causes a complainant to fear for their emotional or psychological well-being can constitute harassment, even where there is no concern about physical harm. 

The Court will examine the context surrounding the alleged harassing behaviour and consider what a hypothetical reasonable person would have felt in the same circumstances. This analysis involves looking at the relationship between the two parties, their respective ages and genders, events leading up to the allegation, and the behaviour of both parties following it, among other factors. If the court concludes that a reasonable person in the same circumstances would not have felt afraid as a result of the accused’s behaviour, the complainant’s fear is not reasonable.

Table of Contents

Don’t delay – contact an experienced criminal defence lawyer with decades of experience to have the best chance of winning your case.

call us 24/7

WHAT WE ARE EXPERT AT

Legal Practice Areas

our strength and our key

Our Lawyers!

We are a team experienced criminal lawyers ready to stand for you in court and challenge the evidence of the police and the complainants.
Are you looking for help from a lawyer?

Don't Let A Criminal Charge Destroy Your Life

Our service area

Get 1 Hour Consultation!

Are you struggling and need help from a criminal lawyer? One quick phone call and we can get started on your case.

    testimonials

    What Clients Say About Us?

    Marya Mohamed
    Marya Mohamed
    2024-02-07
    Ms. Sonya is just an absolute incredible lawyer. I would say the best. We worked with her for my brother’s bail. Where we were scared and full of anxiety, she made everything just so simple and easy for us. She got bailed him out and everything worked out perfectly. Felt really comfortable with her because she made ensure we are comfortable. Her work I would say is amazingly exceptional. Thank goodness for her and her whole team!
    Hussain Chaudry
    Hussain Chaudry
    2023-08-03
    Great team
    Gurkirat Rai
    Gurkirat Rai
    2022-11-20
    Spoke with Mr. Boris on the phone, with respect to a appeal And I got to say he's a very honest professional individual, very unique in nature. He will tell you straight up if you have grounds of appeal or merits. If you will win or lose. Great personality to work with, someone who cares about Justice over money. Thank you
    Sabrina Conliffe
    Sabrina Conliffe
    2022-11-09
    Brittany Smith is a very professional and hard-working lawyer. She dealt with my case quickly and effectively. Also, she explained everything along the way. Everyone should have this type of lawyer in their corner. Thank you very much!
    Danielle West
    Danielle West
    2022-11-09
    A family member of mine used Ms. Shikhman as their lawyer. From the beginning of the process, she was absolutely fierce in looking after his interests. She secured the most reasonable bail conditions that we were told by other lawyers would be impossible to get. After a complicated long trial we got a “NOT GUILTY” from the jury! We could not be more grateful for all of her hard work.
    Ta
    TA
    2022-10-21
    Brittany Smith is more than an excellent Criminal Lawyer! She put all her effort on my case, days and nights. I can’t thank you enough Brittany. You nailed it..
    Nesf123
    Nesf123
    2022-10-04
    Sonya is an excellent lawyer who provided the best outcome for my case. I consulted with many lawyers before deciding to work with Sonya. She is honest, professional and delivers on her word.
    Chris Gove
    Chris Gove
    2021-06-23
    Very knowledgeable and easy to reach.
    About Hammer