Criminal Harassment
Criminal harassment — what other jurisdictions call stalking — is the offence under section 264 of the Criminal Code of engaging, without lawful authority, in any of four prohibited courses of conduct that cause the complainant to reasonably fear for their safety or the safety of someone known to them. The offence is hybrid: summary maximum 2 years less a day, indictable maximum 10 years.
Mass Tsang's criminal lawyers handle harassment files across the GTA. For more, see our blog post on criminal harassment charges in Ontario.
The four prohibited courses of conduct
Section 264(2) lists the four prohibited courses of conduct: (a) repeatedly following the complainant or anyone known to them; (b) repeatedly communicating with the complainant or anyone known to them, directly or indirectly; (c) besetting or watching the complainant's residence, place of work, or other place they happen to be; and (d) engaging in threatening conduct directed at the complainant or any member of their family. The conduct must occur "repeatedly" or be threatening in nature.
Elements
The Crown must prove: the accused engaged in one of the four prohibited courses of conduct; the complainant was harassed and reasonably feared for their safety or the safety of someone known to them; the accused knew or was reckless as to whether their conduct was causing the complainant to feel harassed; and the accused acted without lawful authority. The fear must be objectively reasonable — not just subjective discomfort — but the threshold is not high where the conduct is intrusive and persistent.
Common scenarios
Recurring criminal harassment patterns include: post-relationship contact after the complainant has asked the accused to stop; intensive social media communication or stalking through digital platforms; physical surveillance and following at workplaces or homes; orchestrated indirect contact through mutual friends; and threats embedded in otherwise mundane communication. Cases often arise from intimate-partner contexts but can also involve neighbours, co-workers, and strangers.
Defences
Defences include: lack of repetition (a single contact, or two unrelated contacts, may not constitute a course of conduct); absence of reasonable fear (the complainant's reaction was disproportionate to the conduct); lawful authority (debt collection, journalism, lawful protest in some configurations); lack of knowledge or recklessness about the complainant's response; and Charter-based challenges to evidence collection (phone records, surveillance, social-media extractions). Identification can also be in issue in digital-harassment cases.
Resolution and sentencing
Criminal harassment matters are often resolved by peace bond where the evidence is weaker. On conviction, sentences range from probation to significant jail terms; aggravation arises from breach-of-restraining-order conduct, threats, and intimate-partner context. Mandatory weapons prohibitions follow on conviction.
Related glossary terms
