Point Duty Traffic Court Defence & Legal Services — Licensed Paralegal OntarioPoint DutyTraffic Court Defence and Legal Services
Criminal Code s.264

Criminal Harassment charges in Ontario.

Quick Answer

Point Duty defends criminal harassment charges under Criminal Code s.264 — stalking, repeated following, watching, or unwanted contact that makes someone fear for their safety. Summary conviction carries up to two years less a day, a criminal record, and often no-contact and weapons prohibitions. A licensed paralegal can act where the Crown proceeds summarily.

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
Within paralegal scope

Criminal harassment appears on the Law Society’s permitted list at s.264(3), the punishment subsection. It is hybrid, so a paralegal acts on the Crown’s summary election — and on these files the election is often unsettled at the first appearance, which makes it one of the first things I check. Where the paralegal scope line falls, and why.

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?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.