Harassing Communications

Definition: Section 372 (3) of the Criminal Code of Canada focuses on a specific form of harassment: repeatedly using a means of telecommunication (phone, internet, etc.) to communicate with someone – or cause communications to be sent – after being asked to stop.

Important Points

• The key element is repeated, unwanted communication. A single phone call or text wouldn’t qualify.
• The accused must be aware that the communication is unwanted. They need to have been asked to stop.
• It doesn’t matter if the messages are offensive in nature or directly threatening – continual, unwanted communication can be enough.
  
  

Common Evidence

• The victim’s testimony about the pattern of unwanted communication and asking the accused to stop.
• Saved copies of the communications (emails, social media messages, etc.).
• Phone records showing repeated calls.
• Witnesses who have observed the harassing behaviour or heard the victim ask them to stop.