Criminal Harassment in Ontario:

Criminal Harassment and Violent Offence Charges in Ontario

Criminal harassment is one of several offences that fall within the broader category of assault and violent offences in Ontario.  Depending on the allegations, related charges may include assault, domestic assault, uttering threats, robbery, forcible confinement, and other violent offence allegations.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of these related offences, visit the Assault & Violent Offences page.

Important Things to Know About Criminal Harassment Charges

• Criminal harassment does not always require physical contact.
• The allegation often involves repeated conduct or communication.
• The Crown prosecutor must prove that the complainant reasonably feared for their safety.
• No-contact conditions are common in criminal harassment cases.
• A conviction may result in a criminal record, probation, no-contact conditions, weapons prohibitions, fines, or imprisonment.
• Context, pattern of conduct, intent, and reasonableness of fear are often important issues.
• Possible defences may involve identity, intent, credibility, reliability, lawful purpose, or lack of proof.

What Is Criminal Harassment?

Criminal harassment is a criminal offence under the Criminal Code of Canada.  It generally involves repeated conduct that causes another person to fear for their safety or the safety of someone known to them.

Criminal harassment may involve repeatedly following, communicating with, watching, besetting, or engaging in threatening conduct toward another person.

The court may consider the conduct, the relationship between the people involved, the number of incidents, the surrounding circumstances, and whether the fear alleged was reasonable in the circumstances.

Criminal Code Section

Criminal harassment is addressed under section 264 of the Criminal Code of Canada.

• Section 264(1) – criminal harassment
• Section 264(2)(a) – repeatedly following another person
• Section 264(2)(b) – repeatedly communicating with another person
• Section 264(2)(c) – besetting or watching a place where another person lives, works, carries on business, or happens to be
• Section 264(2)(d) – engaging in threatening conduct directed at another person or a member of their family

Criminal harassment is a hybrid offence.  The Crown prosecutor may proceed by summary conviction or by indictment depending on the facts of the case.

What Must The Crown Prove?

In every criminal harassment case, the Crown prosecutor, sometimes called "the Crown," must prove the charge beyond a reasonable doubt.

The Crown generally must prove:

• The accused person engaged in conduct listed under the Criminal Code
• The conduct involved repeated following, repeated communication, watching, besetting, or threatening behaviour
• The complainant feared for their safety or the safety of someone known to them
• The fear was reasonable in the circumstances
• The accused person knew, was reckless, or was wilfully blind to the fact that the complainant was harassed
• No legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Criminal Harassment Allegations

Criminal harassment charges may arise from many different situations, including:

• Repeated phone calls, text messages, emails, or social media messages
• Following someone in person or by vehicle
• Attending repeatedly at a home, workplace, school, or business
• Watching or waiting near a place where someone lives or works
• Repeated unwanted communication after a relationship ends
• Neighbour disputes
• Workplace or business disputes
• Family or domestic relationship conflicts
• Conduct involving threats, intimidation, or surveillance
• Allegations based on screenshots, messages, videos, or witness statements

The pattern of conduct and the surrounding context often become important issues in the case.

Possible Penalties

The possible penalties depend on the conduct alleged, the accused person's history, the Crown's position, the complainant's circumstances, and whether the Crown proceeds by summary conviction or indictment.

• Criminal record
• Probation
• No-contact conditions
• Non-attendance conditions
• Weapons prohibitions
• Fines
• Counselling or treatment requirements
• Community service
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Imprisonment in some circumstances

A criminal harassment conviction can have significant consequences even where there was no physical contact.

Criminal Harassment and No-Contact Conditions

Criminal harassment charges often involve no-contact conditions.  These conditions may prohibit communication with the complainant or attendance at certain places.

A no-contact condition may restrict phone calls, text messages, emails, social media contact, in-person contact, or contact through another person.

These conditions must be followed carefully unless they are changed by the court.  Breaching conditions can lead to new criminal charges.

Repeated Communication and Online Conduct

Criminal harassment allegations may involve repeated communication through text messages, emails, phone calls, voicemail, social media, messaging apps, or other online platforms.

Screenshots, message records, call logs, videos, photographs, metadata, and witness statements may become important evidence in these cases.

The court may consider whether the communication was repeated, unwanted, threatening, excessive, or connected to a broader pattern of conduct.

Fear for Safety

A criminal harassment charge usually requires evidence that the complainant feared for their safety or the safety of someone known to them.

The Crown must also prove that the fear was reasonable in the circumstances.  The court may consider the words used, the pattern of conduct, prior history, relationship context, frequency of communication, and other surrounding facts.

Possible Legal Defences

A defence depends on the specific facts and evidence in the case.  Not every defence applies to every situation.

Possible issues may include:

• The accused person did not engage in the alleged conduct
• The communication or conduct was not repeated
• The complainant did not fear for their safety
• The fear was not reasonable in the circumstances
• The accused person did not know, was not reckless, and was not wilfully blind to the harassment
• The conduct had a lawful purpose
• The evidence does not prove the charge beyond a reasonable doubt
• The allegation is mistaken, incomplete, or exaggerated
• The complainant's evidence is unreliable or inconsistent
• There are problems proving identity, authorship, or context
• Police may have breached Charter rights
• There may be issues involving searches, seizures, detention, arrest, or statements

The defence strategy depends on the conduct alleged, disclosure, communications, witness evidence, and the surrounding circumstances.

Court Process for Criminal Harassment Charges

Many criminal harassment cases involve:

1. Police investigation or arrest
2. Charge being laid
3. Release from custody or bail process, where required
4. Release conditions, including possible no-contact and non-attendance terms
5. First court appearance
6. Review of disclosure
7. Review of messages, call logs, screenshots, recordings, witness statements, or digital evidence
8. Resolution discussions
9. Judicial pre-trial or Crown pre-trial, where required
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Criminal Harassment Charges Should Be Taken Seriously

A criminal harassment charge can affect more than the immediate court case.  It may affect your criminal record, employment, family circumstances, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the alleged pattern of conduct, following release conditions, and obtaining legal advice early can help you understand the options that may be available.

Every case depends on the specific conduct alleged, the evidence, the relationship between the parties, the complainant's fear, and the surrounding circumstances.

Related Assault & Violent Offence Charges

• Assault – unwanted physical contact, attempted force, or threatening conduct
• Simple Assault – assault allegations that do not involve a weapon, bodily harm, or aggravated injury
• Domestic Assault – assault allegations involving spouses, partners, former partners, or family members
• Assault Causing Bodily Harm – allegations involving injuries that interfere with health or comfort
• Assault with a Weapon – allegations involving the use or threat of a weapon
• Aggravated Assault – allegations involving serious injury or danger to life
• Uttering Threats – threats involving death, bodily harm, property damage, or harm to animals
• Robbery – theft-related allegations involving violence, threats, or force

Additional information about these offences can be found on the Assault & Violent Offences page.

Frequently Asked Questions About Criminal Harassment Charges

Does criminal harassment require physical contact?

No.  Criminal harassment does not require physical contact.  It may involve repeated communication, following, watching, threatening conduct, or other behaviour that causes fear for safety.

Can text messages lead to a criminal harassment charge?

Yes.  Repeated text messages, emails, phone calls, social media messages, or other communications may form part of a criminal harassment allegation.

What does fear for safety mean?

Fear for safety generally means the complainant feared for their own safety or the safety of someone known to them.  The Crown must also prove that the fear was reasonable in the circumstances.

Will I get a criminal record?

A conviction may result in a criminal record.  The outcome depends on the facts, the evidence, the resolution, and the sentence imposed.

Can a criminal harassment charge be withdrawn?

In some circumstances, charges may be withdrawn if the evidence does not support prosecution or if another resolution is appropriate.  Every case is different.

Can I contact the complainant?

If a no-contact condition or court order prohibits contact, you must follow it.  Contacting the complainant directly or indirectly may lead to new criminal charges.

Can criminal harassment affect employment?

A charge or conviction may affect employment, licensing, background checks, security clearance, or future opportunities depending on the circumstances.

Can criminal harassment affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, screenshots, text messages, emails, voicemail records, call logs, social media records, witness information, and any documents connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common assault and violent offence allegations in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Criminal harassment charges often involve repeated communication, following, watching, threatening conduct, or behaviour that causes fear for safety.
• The charge does not require physical contact or injury.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Fear for safety, repeated conduct, context, intent, and reliability of the evidence often become important issues.
• A conviction may result in a criminal record, no-contact conditions, weapons prohibitions, immigration consequences, and other penalties.
• Possible defences depend on the conduct alleged, disclosure, digital evidence, witness evidence, and legal issues involved.
• Criminal harassment is part of a broader group of assault and violent offence charges in Ontario.

Conclusion

Criminal harassment is a serious criminal charge because it involves allegations of repeated or threatening conduct that caused another person to fear for their safety.  Even without physical contact, the charge can lead to court conditions, no-contact terms, a criminal record, and other consequences.

Because these cases often depend on context, communication records, screenshots, call logs, witness evidence, and the reasonableness of the complainant's fear, careful review of disclosure is important.  The pattern of conduct, relationship history, timing, tone, and surrounding circumstances may all affect how the case is assessed.

Understanding the allegation, complying with release conditions, reviewing the evidence, and considering available defence strategies can help a person make informed decisions throughout the criminal court process.