Ontario police investigated a record 12,639 reports of criminal harassment in 2024, according to the latest Statistics Canada incident-based crime reporting . While the statistics also marked a record 4,663 arrests for the offence that year, the agency’s adult criminal court statistics for the 2023/2024 period only recorded 1,209 convictions for a 22% conviction rate. At the same time, courts recorded a record 4,089 stayed, dismissed or withdrawn charges for the offence.
If you’re facing first-time criminal harassment charges in Ontario, the criminal defence lawyers of the Greater Toronto Area’s Mass Tsang law firm assume you’ll find these statistics interesting. Why do the conviction numbers seem relatively low, you might wonder, and how do so many of the accused manage to secure stayed, dismissed or withdrawn charges?
In response, Mass Tsang’s lawyers will tell you that many criminal harassment defendants avoid conviction with the help of a skilled defence lawyer. They will further note that 50%-60% of cases are successfully resolved each year through stays, withdrawals, and dismissals, especially for first-time offenders.
Let’s take a closer look at first-time criminal harassment charges in Ontario and what you need to know about your legal defence options.
| Item | Details |
|---|---|
| Criminal Code Section | s. 264 |
| Offence Type | Hybrid offence |
| Maximum Summary Penalty | 2 years less a day imprisonment and/or $5,000 fine |
| Maximum Indictable Penalty | 10 years imprisonment |
| Key Element #1 | Repeated conduct |
| Key Element #2 | Knowledge or recklessness |
| Key Element #3 | Reasonable fear for safety |
Section 264 of the Criminal Code describes criminal harassment as absent lawful authority, knowingly or recklessly engaging in specific repeated conduct that causes a person to reasonably fear for their safety or the safety of anyone known to them. The repeated conduct the Code lists as “prohibited” consists of:
Given the subjective nature of determining what constitutes “criminal harassment,” the Crown must prove three key elements of the charge beyond a reasonable doubt to secure a conviction:
| Conduct | Example |
|---|---|
| Repeated Following | Following someone to work, home, or public places |
| Repeated Communication | Excessive calls, texts, emails, or social media messages |
| Watching or Besetting | Monitoring a person's home, workplace, or regular locations |
| Threatening Conduct | Threats directed toward the complainant or family members |
"Many criminal harassment allegations arise from misunderstandings, relationship breakdowns, or situations where the parties have very different perceptions of the same interactions. Every allegation deserves a careful review of the evidence."
- Jeff Mass, Co-Founder, Mass Tsang LLP
Criminal harassment is a hybrid offence that the Crown can charge as either an indictable or summary conviction offence. When charged by indictment, the maximum penalty for a conviction is 10 years’ imprisonment. When charged summarily, the maximum sentence is two years and/or a $5,000 fine.
| Crown Election | Maximum Penalty |
|---|---|
| Summary Conviction | Up to 2 years imprisonment and/or a $5,000 fine |
| Indictable Offence | Up to 10 years imprisonment |
If Ontario police have arrested you for criminal harassment or advised you that someone has lodged a harassment complaint against you, there are several steps you should take to mitigate potential legal repercussions. First, you should consult with an experienced criminal defence lawyer, who can help ensure that you don’t take any actions that could jeopardize your position and begin strategizing a criminal defence, as warranted. Your lawyer will undoubtedly advise you to take the following other steps:
Strategizing a criminal defence against criminal harassment charges hinges upon the specific case details and the Crown’s evidence. For a first-time offender, your lawyer will likely strive to negotiate a favourable pretrial outcome. If the Crown’s evidence seems flawed or weak, your lawyer may have a reasonable shot at securing stayed or withdrawn charges. Otherwise, your lawyer may be able to negotiate a peace bond in which the Crown withdraws the charges in exchange for you to agree to refrain from contact with the victim or comply with other conditions. The Crown may also agree to withdraw charges or accept a discharge in exchange for your participation in a diversion program or alternative measures, like counselling, anger management, or restorative justice.
Absent a negotiated settlement with the Crown, your lawyer may turn to the following common defence strategies to help secure an acquittal:
| Resolution | Potential Result |
|---|---|
| Withdrawal | Charges removed by Crown |
| Stay of Proceedings | Prosecution discontinued |
| Peace Bond | Charges withdrawn subject to conditions |
| Diversion Program | Alternative measures instead of prosecution |
| Conditional or Absolute Discharge | No criminal conviction if granted |
| Acquittal | Not guilty finding after trial |
"The objective in many first-offender cases is not simply to defend the charge, but to identify opportunities that may allow the client to avoid a criminal record altogether."
- Robbie Tsang, Co-Founder, Mass Tsang LLP
The absence of any aggravating factors in criminal harassment cases makes it much easier for a criminal defence lawyer to negotiate a favourable pretrial outcome. On the other hand, specific aggravating factors encourage the Crown to take a hard line and increase the likelihood of harsher punishment from the judge if convicted. Factors that typically influence the Crown’s decision-making include:
Additionally, the Crown will consider several aggravating factors that judges must account for in their sentencing decisions in harassment cases. These factors consist of the accused breaching any one of several court orders in the context of the alleged criminal harassment. The orders include:
| Factor | Potential Impact |
|---|---|
| Intimate Partner Involvement | Increased Crown scrutiny |
| Prior Criminal Record | Reduced likelihood of lenient resolution |
| Threats of Violence | Greater risk of prosecution and harsher sentence |
| Significant Psychological Harm | More serious treatment by Crown and courts |
| Breach of Court Orders | Mandatory aggravating sentencing consideration |
| Escalating Conduct | Increased likelihood of jail sentence upon conviction |
Criminal harassment is a serious offence that can put you at risk of having a permanent, life-altering criminal record if convicted. First-time offenders have many potential avenues to explore that may help them evade this fate. A skilled criminal defence lawyer can be instrumental in helping you navigate the legal system to successfully secure a positive outcome that negates a conviction and criminal record. With decades of combined criminal defence work and an outstanding record for securing favourable resolutions for our GTA criminal harassment clients, contact us today for a free consultation.
Yes. Repeated delivery of unwanted messages, intrusive monitoring, or indirect online contact can constitute part of a pattern of harassment if it causes the alleged victim reasonable fear.
No. Persistent unwanted contact constitutes harassment if it can cause the alleged victim reasonable fear.
Absolutely. In fact, criminal harassment charges frequently arise in the context of domestic relationship conflicts.
Only Crown prosecutors can drop criminal harassment charges once laid, but a victim can certainly influence their decision-making.
Yes, as a criminal offence, criminal harassment convictions generate a permanent criminal record in Canada. However, first-time alleged offender have numerous options they may be able to pursue with their criminal defence lawyer that can negate or mitigate the conviction.
Crown prosecutors don’t just offer such case outcomes like Halloween candy - they need to be encouraged to do so through skillful negotiations. A competent criminal defence lawyer - like those at Mass Tsang in Toronto - can assess the evidence and any mitigating or aggravating factors to determine how to leverage the most favourable negotiated outcome for their client without going to trial.
