Definition: The Criminal Code of Canada (Section 264) defines criminal harassment (sometimes referred to as ‘stalking’) as repeatedly engaging in threatening or harassing conduct that causes someone to reasonably fear for their safety or the safety of someone they know.
Important Points:
Common Evidence:
Criminal harassment is a hybrid offence. The Crown prosecutor decides how to proceed:
Summary Conviction: Less serious cases.
Indictment: More serious cases, often with a lengthier pattern of harassment or severe threats.
Securing Your Release: An arrest for criminal harassment doesn’t always result in being detained by police. But if there’s a bail hearing needed, we’ll fight to help you be released with conditions that minimize disruptions to your life while the case proceeds.
Fighting the Charges: Every case is unique, and we’ll carefully analyze the evidence against you. Potential defence strategies might include:
Yes. Criminal harassment can happen in many contexts, including between former partners.
While intent is always a factor, the main criteria is whether your actions would reasonably cause fear.
It’s not necessary for the victim to have explicitly asked for the behaviour to stop in order for it to be considered harassment.
Criminal Harassment charges are deeply stressful for the person charged. It’s vital to get legal advice to understand both the charges against you and your potential defence options. Contact us for a free consultation to start this process.
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