Point DutyTraffic Court Defence and Legal Services
Criminal Code s.264

Criminal Harassment charges in Hamilton, Ontario.

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

Courthouse
John Sopinka Courthouse (Ontario Court of Justice)
Court Phone
(905) 645-5252
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.

v.

Notes for Hamilton

Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.

John Sopinka Courthouse (Ontario Court of Justice)

45 Main Street East, Hamilton, ON L8N 2B7
(905) 645-5252

Charged with criminal harassment?

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