Criminal harassment charges in Ontario are taken extremely seriously by police and prosecutors. Commonly referred to as stalking, criminal harassment encompasses a range of conduct that causes another person to fear for their safety. A conviction can result in imprisonment, restraining orders, a permanent criminal record, and consequences that affect virtually every area of your life. If you have been charged with criminal harassment, understanding what the law requires the Crown to prove and what defences may be available to you is essential from the very start.
Understanding Criminal Harassment Under the Criminal Code
Criminal harassment is defined under section 264 of the Criminal Code of Canada. The offence is made out when a person, without lawful authority, engages in conduct that causes another person to reasonably fear for their safety or the safety of someone known to them. The Code identifies four specific types of prohibited conduct: repeatedly following or communicating with the complainant or anyone known to them, repeatedly watching or besetting a place where the complainant or anyone known to them happens to be, engaging in threatening conduct directed at the complainant or any member of their family.
It is important to understand that the charge does not require the accused to have intended to cause fear. What matters is that the conduct was engaged in knowingly, or recklessly as to whether it caused the complainant to be harassed, and that the complainant was actually caused to fear for their safety. Criminal harassment charges frequently arise in the context of relationship breakdowns, workplace conflicts, and disputes between neighbours or acquaintances, and they are often pursued alongside other charges such as uttering threats or breach of a court order.
Penalties for a Criminal Harassment Conviction in Ontario
Criminal harassment is a hybrid offence, meaning the Crown can elect to proceed by summary conviction or by indictment depending on the circumstances of the case. On summary conviction, the maximum penalty is two years less a day in jail. If prosecuted by indictment, the maximum sentence rises to ten years imprisonment. Where the offence is committed against a person subject to a protection order, or where a weapon is involved, the courts tend to impose significantly harsher sentences.
In addition to imprisonment, a criminal harassment conviction typically results in a restraining order prohibiting any contact with the complainant, probation with strict conditions, and a permanent criminal record. For those in regulated professions, a conviction can jeopardize licences and careers. Travel to the United States and other countries may also be affected. Non-citizens face the additional risk of immigration consequences, including inadmissibility and deportation. The breadth of these consequences makes it critical to mount a thorough and well-prepared defence.
Key Defences Against Criminal Harassment Charges
Several legal defences may apply when facing criminal harassment charges, and the right approach depends entirely on the facts of the case. One of the most commonly raised defences is the absence of the mental element required by the offence. Because the Crown must prove that the accused knew their conduct was harassing, or was reckless as to whether it was, demonstrating a genuine lack of awareness of the complainant’s fear can be a meaningful defence in certain circumstances.
Other defences include challenging the reasonableness of the complainant’s fear, disputing whether the conduct as alleged actually occurred, and raising issues with the credibility or reliability of the complainant’s account. In some cases, the accused may have had lawful authority for the contact, such as in the context of a legitimate business or legal proceeding. Charter arguments related to unlawful searches, arbitrary detention, or violations of the right to counsel may also arise during the investigation. A criminal defence lawyer will review all available evidence and develop the strongest possible strategy for your specific situation.
What to Do if You Are Charged with Criminal Harassment
If you have been charged with criminal harassment, the steps you take immediately after the charge are critical. First and foremost, exercise your right to silence. Do not speak to police or make any statements about the allegations without first consulting a criminal defence lawyer. Even messages or explanations intended to clear the air can be interpreted as further evidence of harassment and used against you by the Crown.
Strictly comply with all conditions of your release, including any no-contact orders. Violating these conditions, even indirectly through a third party, can result in additional charges and will seriously damage your case. Gather any evidence that may support your defence, such as communications, records of interactions, or witness information, and provide these to your lawyer. Retain experienced legal counsel as early as possible, as early intervention can sometimes affect whether charges proceed and how the Crown frames its case. With the right legal support, outcomes such as a withdrawal, peace bond, or acquittal at trial may all be achievable depending on the circumstances.
If you are facing criminal harassment charges in Ontario, do not face them alone. George Habib, criminal harassment lawyer at Habib Legal Counsel, will defend your rights and guide you through every stage of the process. Visit HabibLC.com or call anytime at 647-648-2164 — George Habib and his firm are ready to help.
George Habib | Habib Legal Counsel | Criminal Law | 647-648-2164 | Contact us
