Criminal Harassment

Criminal harassment is an increasingly common offense, particularly due to media and social media outreach. It is important to distinguish different harassing situations, for instance harassment from a coworker and harassment that is considered criminal. For the alleged act to be criminal, it is essential that the plaintiff fear for his safety or for the safety of this entourage.

It is not necessary that the act be done repeatedly. In some circumstances, a single gesture, which makes the person fear for their safety, is enough to be considered harassment. This means that having a threatening behaviour towards someone can suffice to be charged of a criminal act.

The context of the act and the nature of the relationship between the individuals will be considered by the Judge. He must assess the situation with regard of a reasonable person placed in similar circumstances.

We often see accusations of criminal harassment in a domestic violence context.

Benefit of a free consultation with Me Dagenais in order to discuss your situation.

Section 264 of the Criminal Code: Criminal harassment

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Prohibited conduct

(2) The conduct mentioned in subsection (1) consists of

a) repeatedly following from place to place the other person or anyone known to them;

b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

d) engaging in threatening conduct directed at the other person or any member of their family.