Criminal Harrasment

Criminal harassment, better known as stalking, is an offence in Canada and carries a maximum penalty of 10 years in prison. These charges are often laid in conjunction with other charges such as uttering threats, mischief and assault.

In order to convict an accused of criminal harassment, the Crown must establish that the accused knowingly harassed or was reckless as to whether the complainant was being harassed by engaging in conduct that caused the complainant to reasonably fear for their safety or the safety of others.

The Criminal Code has codified the prohibited conduct that is considered criminal harassment under section 264(2), which reads:

The conduct mentioned in subsection (1) consists of

  • repeatedly following from place to place the other person or anyone known to them;
  • repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
  • 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
  • engaging in threatening conduct directed at the other person or any member of their family.

The wording of this provisions states that an accused can be charged with criminal harassment even when that is not the intention. All that is needed is for the complainant to fear for their safety as a result of the accused engaging in one of the above prohibited acts and being reckless to the fact that their conduct may be harassing.

Assault

The Criminal Code has defined assault in such a manner that any physical contact without consent is enough to satisfy charges against you. This makes

Read More »

Extortion

The offence of extortion has a broad definition and can cover a wide range of conduct. Section 346(1) of the Criminal Code states, Every one

Read More »

Mischief

The offence of mischief is found under section 430 of the Criminal Code. Mischief refers to the intentional damage or interference with someone’s property or

Read More »

Theft

Theft occurs when someone intentionally takes something that does not belong to them and does so without the consent of the rightful owner. This includes

Read More »

Uttering Threats

Uttering threats can be found under section 264.1(1) of the Criminal Code. A charge of uttering threats can be made out verbally when the perpetrator

Read More »

Robbery

Robbery is defined under section 343 of the Criminal Code.  Section 343 reads as follows: Every one commits robbery who steals, and for the purpose

Read More »

Drug Offences

Drug offences can be found under the Controlled Drugs and Substances Act (CDSA) and are prosecuted by the Federal Crown rather than the Provincial Crown.

Read More »

Sexual Assault

Most people tend to associate a sexual assault charge with rape by a stranger in a random attack. However, much like assaults, sexual assault can

Read More »

Driving Prohibitions

The Motor Vehicle Act regulates the operation of motor vehicles in British Columbia. RoadSafetyBC is a branch of the Ministry of Public Safety and Solicitor General and

Read More »

FROM OUR BLOG

REQUEST A CONSULTATION

OUR TEAM IS AVAILABLE TO ASSIST YOU IN THE FOLLOWING LANGUAGES:

Japan-flag

Japanese

south-korea-flag

Korean

Vietnam-flag

Vietnamese

Pakistan-flag

Punjabi

indian-flag

Hindi

indian-flag

Gujarati

Portugal-flag

Portuguese