What are the penalties for criminal harassment under the Criminal Code?

It is a hybrid offence: up to two years less a day on summary election, up to ten years on indictment, plus a criminal record and often no-contact and weapons prohibitions.

Can a paralegal defend a criminal harassment charge?

Yes, where the Crown elects to proceed summarily. We review the alleged pattern of conduct and communication records, and frequently resolve files by peace bond where the evidence allows.

What defences exist for a criminal harassment charge?

Key defences include that the conduct did not cause fear, that any fear was not objectively reasonable, that there was no knowledge or recklessness as to causing fear, lawful authority, and identification.

Criminal Code s.264

Criminal Harassment charges in Ontario.

Quick Answer

Criminal harassment under Criminal Code s.264 — sometimes called stalking — covers repeated following, watching, communicating, or threatening conduct that causes the other person to fear for their safety. On summary election it falls within paralegal scope. Whether the conduct was repeated and whether the complainant's fear was reasonable are the key elements the Crown must prove.

Repeated communication, following, or threatening conduct that causes another person to fear for their safety. Hybrid offence; on summary election within paralegal scope.

Charge: Criminal Code s.264
Jurisdiction: All of Ontario
Consultation: Free & Confidential

i.

What the charge means

Section 264 of the Criminal Code prohibits engaging in conduct toward another person — including repeatedly following, communicating with, watching, or threatening — that causes that person to reasonably fear for their safety or the safety of someone known to them.

ii.

Penalties

Hybrid. On summary: up to 2 years less a day. On indictment: up to 10 years. Criminal record on conviction. Often accompanied by no-contact and weapons prohibitions.

iii.

Available defences

Conduct did not cause the complainant to fear for safety
The fear was not objectively reasonable in the circumstances
No knowledge or recklessness as to causing fear
Lawful authority or justification
Identification

iv.

The process

Disclosure review of the pattern of conduct alleged, witness statements, and communication records. Peace bond resolution is common where the evidence supports a low-risk outcome.

Common Questions

What is criminal harassment in Ontario?: Under s.264 — sometimes called stalking — criminal harassment is repeatedly following, communicating with, watching, or threatening someone in a way that causes them to reasonably fear for their safety.
What are the penalties for criminal harassment under the Criminal Code?: It is a hybrid offence: up to two years less a day on summary election, up to ten years on indictment, plus a criminal record and often no-contact and weapons prohibitions.
Can a paralegal defend a criminal harassment charge?: Yes, where the Crown elects to proceed summarily. We review the alleged pattern of conduct and communication records, and frequently resolve files by peace bond where the evidence allows.
What defences exist for a criminal harassment charge?: Key defences include that the conduct did not cause fear, that any fear was not objectively reasonable, that there was no knowledge or recklessness as to causing fear, lawful authority, and identification.

Charged with criminal harassment?

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