Criminal Harassment Toronto

What is Criminal Harassment in Toronto

Criminal harassment is a Canada wide criminal offence and is primarily governed by Section 264 of the Criminal Code. This section makes it an offence for a person to engage in certain conduct that causes another person to fear for their safety or the safety of anyone known to them, without lawful authority and knowing that the other person is harassed or being reckless as to whether the other person is harassed: Ford v. Jivraj, [2023] A.J. No. 182, Alberta Health Services v. Johnston, [2023] A.J. No. 373.

The prohibited conduct under Section 264 includes repeatedly following the other person or anyone known to them, repeatedly communicating with them directly or indirectly, besetting or watching their dwelling-house or place of work, and engaging in threatening conduct directed at them or their family members Criminal Code, SECTION 264. Criminal harassment, Alberta Health Services v. Johnston, [2023] A.J. No. 373. The fear experienced by the victim must be reasonable in all the circumstances R. v. Riad, [2014] O.J. No. 2084, R. v. Owens, [2007] O.J. No. 1350.

What Type of Offence is Criminal Harassment in Toronto

Criminal harassment is a hybrid offence, meaning it can be prosecuted either summarily or by indictment, with the maximum punishment being up to 10 years of imprisonment The courts have emphasized the importance of denunciation and deterrence in sentencing for criminal harassment, particularly in cases involving prolonged or sophisticated methods of harassment: R. v. Schneider, [2022] A.J. No. 1500.

When was the Criminal Harassment Offence Introduced

The offence was introduced in 1993 to address the gap in the law concerning non-violent but predatory behaviour that often precedes violent acts, particularly in the context of domestic relationships. The law aims to protect victims from escalating harassment that could lead to physical violence.

What are Potential Defences to Criminal Harassment in Toronto

The potential defences to a charge of criminal harassment in Canada include several substantive and procedural defences. One of the primary defences is the honest mistake, which is available if the accused can demonstrate that they were not subjectively aware of the risk their conduct posed, even when an objective analysis might suggest otherwise R. v. Dexter, [2015] N.S.J. No. 572. Additionally, the defence of due diligence can be invoked, particularly in cases where the accused can show that they took all reasonable steps to avoid committing the offence.

Another potential defence is the lack of credible evidence that the complainant was actually afraid, as the fear element is crucial to establishing criminal harassment. If the complainant’s behaviour is inconsistent with being afraid, such as maintaining contact with the accused, this can be used to challenge the charge R. v. T.A.D., [2023] O.J. No. 3710. Furthermore, the defence of lawful authority can be argued if the accused’s actions were within the bounds of legal authority, although this defence is limited and does not cover all aspects of the accused’s conduct if some parts constitute harassment R. v. Savard, [2013] O.J. No. 1745.

In some cases, the defence may also challenge the mental state of the complainant, particularly if there is evidence from counselling records or other personal documents that can impeach the complainant’s credibility regarding their psychological state. Lastly, the defence of duress may be applicable if the accused committed the harassment under extraordinary external pressure, such as threats of harm against themselves or someone close to them.

Overall, these defences highlight the importance of both the subjective and objective elements of the accused’s conduct, as well as the necessity of credible evidence to support the complainant’s fear and the context of the accused’s actions.

In summary, criminal harassment under Canadian law involves specific prohibited behaviours that cause a person to fear for their safety, with significant penalties for those convicted, reflecting the serious nature of the offence and its potential to precede more violent acts.

Criminal Harassment in Toronto is a serious offence. Developing defences to the charge you are facing is important. A Criminal Harassment Lawyer in Toronto can assist with strategizing what defences are available in light of the allegations.

Criminal Harassment Lawyer Toronto

Contact an experienced Criminal Harassment Lawyer in Toronto for a free consultation at (647) 878 – 6355 or visit THIS website for more information.