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
Common Evidence
Harassing communications is a hybrid offence, meaning the Crown decides whether to proceed summarily or by indictment:
Summary Conviction: Less serious cases.
Indictment: More serious instances, such as lengthy campaigns of harassment or threatening content.
Securing Your Release: An arrest for harassing communications might result in immediate release by the police, but could also require a bail hearing. We’ll work hard to advocate for your release with conditions that allow you to continue your life while the case proceeds.
Fighting the Charges: Every harassing communications case is unique. We’ll look closely at the facts of your situation to build the best defence, which might include:
Context matters. We’ll work to understand the full picture of how the situation escalated.
Absolutely. Any form of telecommunication can be used for harassing communications.
Unfortunately, not in most cases. As long as you were aware the communications were unwanted, and continued, it can lead to charges.
Harassing communication charges can have a serious impact on your reputation and daily life. Don’t underestimate these charges, seek legal advice as soon as possible. Contact us for a free consultation to discuss your specific circumstances and potential defence options.
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