Have you been accused of criminal harassment or stalking?
This is a subjective section within the criminal code, and gives little flexibility for the accused. The charge can stem from anything from too many unwanted calls, texts, or emails, to following another person or someone they know. The circumstances are dependent on the victim and the section is designed to protect them.
Section 264 of the criminal code:
(1) No person shall, without lawful authority and knowing that another person is harassedor recklessly as to whether the other person is harassed, engage in conduct referred to in subsection
(2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them. Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
(a) Repeatedly following from place to place the other person or anyone known to them;
(b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) 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
(d) Engaging in threatening conduct directed at the other person or any member of their family.
In other words, criminal harassment includes any conduct that results in a person fearing for the safety of either themselves or someone they know. This could be either through stalking,repeated communication in any form, showing up in places that the person frequents, amongst other varying ways of following someone.
This charge can have some devastating consequences. If found guilty, punishments range from a restraining order, to having a criminal record or even imprisonment of ten years if found guilty of an indictable offence.
It’s important for a person to not only understand the charges given to them, but to find a lawyer who is able to act swiftly. Having a criminal defence lawyer by your side greatly increases your chances of lessening the charges laid against you or someone you know. The first step to any criminal harassment charge is to contact a lawyer and give them your side of the story, so they can clear your name.
