Toronto Criminal Harassment Lawyer
Criminal harassment is a serious offence under Canadian law, codified in section 264 of the Criminal Code. It is designed to address conduct that causes another person to fear for their safety or the safety of someone known to them. If you’ve been charged with this offence by the Toronto Police Service, you may be confused, scared and unsure of what to do next. This article will provide you some guidance on what the offence consists of in Canadian Criminal Law, and help you understand the next steps in your case.
This article is not a substitute for legal advice. To consult with an experienced Toronto Criminal Harassment Lawyer, call Andrew Captan – Criminal Lawyer today at (647) 878 – 6355 or visit his webpage HERE.
Can you Go to Jail for Criminal Harassment in Toronto
Yes. Jail is a possible penalty or sentence for this offence. If the Crown Attorney proceeds by indictment, the maximum penalty is 10 years in jail. However, maximum penalties are rarely imposed in practice.
Even if maximum penalties are rarely imposed, being in jail for even a brief period can be a significant detriment to anyone, particularly if you have no prior criminal history. To try and avoid a jail sentence, consult with a Toronto Criminal Harassment Lawyer to discuss potential defence strategies.
Essential Elements of Criminal Harassment
To establish criminal harassment, the prosecution must prove several key elements.
- First, the accused must engage in conduct specifically outlined in section 264(2) of the Criminal Code. This includes repeatedly following another person, repeatedly communicating with them directly or indirectly, besetting or watching their residence or workplace, or engaging in threatening conduct directed at the person or their family.
- Second, the complainant must feel harassed as a result of this conduct, meaning they experience torment, worry, or chronic distress.
- Third, the conduct must cause the complainant to reasonably fear for their safety or the safety of someone known to them.
- Finally, the accused must either know that their conduct is harassing or be reckless or wilfully blind to this fact
Harassment, in general, is not a crime. For harassment to amount to “criminal harassment”, it has to include all these features. There are some legal complexities to these features, and a seasoned Toronto Criminal Harassment Lawyer will be able to educate you on whether you may be able to raise any defences.
Prohibited Conduct
The prohibited conduct under section 264(2) is broad and includes various forms of intimidating behaviour.
For example, “repeatedly following from place to place” does not require literal trailing but can include attending the same location as the complainant. Similarly, “repeatedly communicating” can encompass direct or indirect communication, including electronic means such as emails or social media posts. Besetting or watching a dwelling-house or workplace involves physically surveilling these locations, while threatening conduct includes actions that intimidate or endanger the complainant or their family. Importantly, the conduct must fall within one of these categories to sustain a charge of criminal harassment.
The Fear Element
The fear element is critical to the offence. The complainant must subjectively fear for their safety or the safety of someone known to them, and this fear must be reasonable in the circumstances. The accused does not need to perceive that the complainant fears for their safety, as the offence focuses on the complainant’s experience. In some cases, the complainant may not personally fear for their safety, but the conduct may still qualify as criminal harassment if it reasonably induces fear in others.
Sentencing Considerations
Criminal harassment is a hybrid offence, meaning it can be prosecuted either summarily or by indictment. The maximum penalty upon conviction by indictment is ten years’ imprisonment, while summary conviction carries lesser penalties. Sentencing principles in criminal harassment cases emphasize denunciation and deterrence, both general and specific. Sentences can range from an absolute discharge to several years of incarceration, depending on the circumstances of the offence and the offender’s history.
Length of Criminal Harassment Cases in Toronto
There is no specific length for any criminal case in Ontario. Generally speaking, a Toronto Criminal Harassment Lawyer will see these types of cases last 6 months, on average, if the case is resolved without a trial, and 12-18 months if the case requires a trial.
Case Law Examples
Several cases illustrate the application of section 264. In R. v. Johnston, [1995] O.J. No. 3118, the court held that harassment requires continuous or repeated conduct, and a single act cannot sustain a conviction under this section. In R. v. Verdon, [2014] O.J. No. 5487, the Ontario Court of Appeal emphasized the importance of reasonable fear in determining whether the offence has been committed. These cases highlight the nuanced application of the law and the importance of meeting all statutory elements to secure a conviction.
Conclusion
Criminal harassment under section 264 of the Criminal Code is a multifaceted offence that addresses conduct causing fear and distress. It requires proof of specific prohibited conduct, a harassing effect, reasonable fear, and the accused’s knowledge or recklessness. Sentencing reflects the seriousness of the offence, with courts prioritizing deterrence and denunciation. Understanding these elements is essential for navigating cases involving criminal harassment.
Once you are charged with this offence, you next step is to schedule a consultation with a Toronto Criminal Harassment lawyer, in order to learn more about potential option in your case. Call (647) 878 – 6355 today for a free consultation.
