"Criminal Harassment"

s. 264 of the Criminal Code of Canada

The large proportion of criminal harassment charges appear to arise from recent break ups between couples engaged in romantic relationships. Excluding the "stalker" type behaviour often portrayed in movies, some people are often surprised that repeated telephone calls, text messages or communication through social media can be considered harassing behaviour that rises to the level of criminality. If you are charged with Criminal Harassment, there's a lot that we can do for you in helping you navigate the daunting criminal justice system. Call Song Criminal Defence and get the information and help you need to beat your charges. Let's explore what the Criminal Code has to say about what "Criminal Harassment", the elements that need to be proven beyond a reasonable doubt by the Crown and the "punishment" on sentence after a conviction.

Criminal Code of Canada, s. 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. (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."

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity of the Accused
2. Date and Time of Offence
3. Jurisdiction
4. Accused committed any of the acts outlined in subsection (2)(a) to (d) of section 264 of the Criminal Code
5. Accused knew, or was reckless or willfully blind to whether or not the complainant was harassed
6. Complainant experienced harassment as a result of the conduct of the Accused in question
7. Actions of the Accused caused the complainant to fear for their safety or the safety of anyone known to them
8. Complainant's fear was reasonable in the circumstances

Sentencing on Conviction | "Punishment"

1. Criminal Record: An Criminal Harassment conviction will result in a criminal record.
2. There are no mandatory minimums for Criminal Harassment convictions.
3. On summary conviction, the maximum penalty is jail for a period not exceeding 2 years less a day and/or a $5000 fine.
4. On conviction by indictment, the maximum penalty is jail for a period not exceeding 10 years.
5. Potential DNA Order.
6. Potential Weapons Prohibition Order.
7. Non-communication order between the Accused and the Complainant.
8. Non-attendance order between the Accused and the Complainant.
9. Potential forfeiture of weapons or firearms.
10. Potential Victim Fine Surcharge.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.