Under the Canadian Criminal Code, criminal harassment is a major offence; so, it is an important concern for Ontario residents. Stalking involves actions that make another person feel unsafe or threatened. Understanding your rights and the legal consequences of such behaviour helps shield possible victims as well as those who might be unfairly accused.
Ontario personal harassment victims can find legal definitions, examples, fines, and help in this guide.
What is Criminal Harassment?
Often known as stalking, personal harassment is any unwelcome action that makes someone feel intimidated, harassed, or worried about their safety. Harassment in Canada includes following someone, calling or texting them, or showing up uninvited at their home, business, or other location. It can also entail more indirect behaviour, such as posting threatening messages on social media or acting in a way meant to scare.
The existence of intention and how the behaviour affects the victim defines an act as criminal harassment. Harassment occurs when the perpetrator knows or should know that their acts are undesirable and make people afraid. Remember that the law seeks to strike a compromise between protecting people from destructive activity and making sure that harmless acts or misunderstandings are not unfairly criminalized. What constitutes harassment in Ontario?
- Following or observing someone repeatedly.
- Phone calls, texts, and unwanted emails.
- Showing up uninvited at someone’s house or place of employment.
- Trying to harm them or their families.
The conduct referred to must meet particular requirements, including repetition and the victim’s reasonable perception of fear, to qualify as criminal harassment.
Legal Definition (Section 264)
Harassment is defined by the Canadian Criminal Code as intentionally and unlawfully engaging in the following:
- Repeatedly following someone or anyone they are connected to.
- Communicating after being told to stop.
- Watching someone’s home, workplace, or any location they regularly visit.
- Being threatening and making someone afraid.
- Making someone directly or indirectly threaten another individual inspires fear for their safety.
Harassment in Canada can result in a 10-year punishment, depending on the seriousness of the incident and aggravating elements like weapon use or prior convictions.
Understanding the Differences Between Harassment Types
While sexual and workplace harassment can overlap with criminal harassment, they are separate legal categories with different definitions and criteria.
What is Sexual Harassment?
Usually resulting in a hostile or uncomfortable atmosphere, sexual harassment is unwanted actions, requests for sexual favours, or other verbal or physical behaviour of a sexual character.
What is Workplace Harassment?
Workplace harassment is any inappropriate behaviour in a professional setting that might intimidate, degrade, or humiliate someone.
When Does Harassment Become Criminal?
Under the law, the conduct included in sexual or occupational harassment could potentially be considered as harassment if it develops into threats, stalking, or continuous unwanted contact that causes someone to reasonably fear for their safety. Depending on the degree and circumstances, workplace sexual harassment may be criminal.
Examples of Criminal Harassment
Ontario citizens should be aware of some typical scenarios below to assist in spotting and handling such circumstances:
- Excessive Communication: Constantly calling, texting, or sending unwanted messages to someone, even after they’ve asked you to stop.
- Following Someone: Physically stalk someone by following them on foot, by car, or by waiting at their regular spots.
- Showing Up Uninvited: Repeatedly showing up without invitation at someone’s house, place of employment, or other personal space causes anxiety.
- Threatening Conduct: Using threats, such as gestures or frightening behaviour, to inspire fear.
Stalking Laws in Canada
To be a criminal offence in Ontario, such conduct does not have to turn into physical assault. The accused may be charged with stalking if the victim fears for their safety and their actions support that fear.
Legal Thresholds and Key Elements
Criminal harassment charges require particular legal criteria. These include the following:
- Reasonable Fear for Safety
The victim must have a reasonable concern for their own or a friend’s safety based on the accused’s behaviour, such as continuous following, unsolicited communication, etc.. The main determinant is whether the action would logically cause the victim to feel threatened or harassed.
- Repeated Behaviour
For an action to be termed stalking or criminal harassment, it often involves repeated behaviour. This implies that the prohibited conduct happens more than once and generates a pattern that makes the victim uncomfortable or afraid. Individual cases are evaluated based on their persistence and impact on the victim.
- Intent or Recklessness
The offender either has to be careless in their actions, knowing it will cause discomfort, or want to make the victim fearful. Acting without consideration can fulfil this requirement even if there was no intent to hurt.
- No Lawful Excuse
The accused must not have a lawful motive for their behaviour. With proper execution, legitimate actions like delivering legal documents may not constitute harassment.
Under Canadian law, a charge of prohibited conduct requires meeting specific criteria. Police and courts examine each aspect to determine if the accused’s behaviour is stalking.
Penalties for Criminal Harassment in Ontario
Under the Criminal Code of Canada, harassment is considered a major offence; anyone found guilty in Ontario suffers serious penalties. Harassment penalties depend on the severity of the conduct, its impact on the victim, and whether the accused has past convictions.
Criminal harassment is a mixed charge; therefore, the Crown Prosecutor can indict or try it summarily. The prosecution can decide to move summarily for less severe cases. Summary convictions can lead to probation, fines, or six-month prison sentences. However, for more serious or aggravated cases, the Crown may choose to proceed by indictment. Penalties for an indictable offence are far more severe; the maximum prison sentence is ten years.
Criminal harassment convictions in Ontario may have long-term effects on persons and their careers. A criminal record could make it challenging to get hired, travel, apply for some licenses or volunteer work. Restraining orders and other court measures may further limit guilty people’s freedom and communication.
What To Do If You’re Accused of Criminal Harassment
If you are accused of harassment, you should approach the matter carefully and consult professionals. You must act to safeguard your rights since such an accusation can have serious implications. The advised steps are below.
Seek Legal Counsel Immediately
Get a competent criminal defence attorney as soon as you’re accused. A qualified attorney will help you understand your rights, clarify the charges against you, and walk you through the court system. Talk to your lawyer before giving any comments to the police or accuser.
Do Not Contact the Complainant
You should never contact the accuser. Direct or indirect, any correspondence could aggravate the matter and possibly be used against you as proof. Following any court orders or terms of release is essential.
Gather Evidence and Document Your Interactions
Get all pertinent data to bolster your defence. Messages, emails, call logs, and any communications with the complainant are included. Make sure your witnesses are ready for your case – they should be able to confirm your integrity or offer background for the circumstances.
Follow Legal Conditions or Bail Terms
You must follow all court orders if you’re on bail. Breaking these rules could compromise your defence or result in further fines.
Understand the Legal Elements of the Offence
Your counsel will explain criminal harassment laws. The prosecution has to show beyond a reasonable doubt that your acts made the complainant afraid or uncomfortable and that you either knew — or should have known — that your behaviour was unwelcome to get a conviction. Understanding these factors can reveal case weaknesses.
How a Criminal Defence Lawyer Can Help
Negotiating the complexity of harassment allegations without expert legal assistance can be taxing. An Ontario criminal defence attorney can:
- Examine the facts to evaluate the case strength of the prosecution.
- Represent you in court and try to minimize or drop charges.
- If a conviction is certain, work out penalties on your behalf.
If you’re facing criminal harassment charges, an expert Ontario criminal defence lawyer will help you preserve your rights and get the best result.
Frequently Asked Questions
What Constitutes Harassment?
Someone feels scared, intimidated, or unsafe when harassed. The main determinant is whether the action would logically cause the victim to feel threatened or harassed. Individual cases are evaluated based on their persistence and impact on the victim.
What Is an Example of Harassment?
From verbal and written communication to physical behaviour, harassment may show itself in many different ways. Excessive phone calls, texts, or emails without lawful authority, after being requested to stop, are examples. Another kind of harassment is distributing false information or rumours about someone meant to damage their reputation. Also considered harassment include unwanted physical advances, serious bullying, or a hostile work or school atmosphere. The main determinant is the undesired behaviour that results in the victim suffering, anxiety, or other emotions.
Understanding and Protecting Your Rights
Criminal harassment laws protect people from unsafe, upsetting, and distressing actions. The regulations cover behaviours including stalking, repeated unwelcome contact, or activities that make someone feel afraid or intimidated. Understanding these laws helps you navigate the legal system and emotional obstacles, whether you are a victim seeking protection or the accused facing serious allegations. While giving personal safety and responsibility top priority, knowing your legal rights and responsibilities helps guarantee a fair and reasonable outcome.
Contact Bytensky Shikhman Barristers for expert legal help. Our experienced criminal lawyers in Ontario are ready to guide you through every step of your case!
