Criminal Harassment, sometimes known as stalking, generally consists of repeated conduct that is carried out over a period of time and which causes a person to reasonably fear for their safety or the safety of someone they know. Criminal Harassment does not have to result in physical injury in order to make it a crime.

Criminal Harassment is commonly laid in relation to domestic violence offences but is also seen frequently in cases involving text messages or social networks such as facebook or twitter, or disputes between family members, neighbours, or former friends or co-workers.

Conduct that could result in Criminal Harassment includes repeatedly following a person, repeatedly communicating with a person, stalking a home, workplace or residence where a person happens to be or engaging in threatening conduct directed at a person.

In order to secure a Criminal Harassment conviction, the Crown must prove beyond a reasonable doubt that:

• the accused engaged in the activity in question and knew or was reckless about how their conduct would be perceived by the complainant; and

• the complainant reasonably feared for their safety or the safety of someone connected to them under the circumstances.

A Criminal Harassment charge, whether in the form of stalking or cyber-bullying, or any repeated pattern of conduct, is treated quite seriously.

Consequences of a Criminal Harassment Conviction

Under the Criminal Code, a conviction for Uttering Threats carries a maximum possible penalty of 5 years imprisonment should the Crown choose to proceed by indictment, and 18 months imprisonment should the Crown proceed by way of summary conviction.