Criminal Harassment

Understanding Criminal Harassment

Criminal harassment is an offence under section 264 of the Criminal Code. The offence generally concerns repeated conduct that causes another person to reasonably fear for their safety or the safety of someone known to them.

The law recognizes several forms of conduct that may give rise to a criminal harassment allegation, including repeatedly following another person, repeatedly communicating with them directly or indirectly, watching places where they live or work, or engaging in threatening conduct. Whether particular conduct amounts to criminal harassment depends on the surrounding circumstances and the legal requirements of the offence.

One of the most important features of criminal harassment is that the court considers the conduct as a whole rather than focusing on a single event in isolation. The relationship between the parties, the history of their interactions, the nature of the communications, and the surrounding circumstances may all become relevant when determining whether the legal elements of the offence have been established.

Every case is different. Although many allegations involve repeated conduct over time, the facts of each case must be carefully assessed before determining whether criminal harassment has occurred.

Obtain Legal Advice Before Providing Detailed Statements

If you are contacted by the police or asked to participate in an interview, it is generally advisable to obtain legal advice before providing detailed explanations about the allegations. Statements made during an investigation may later become evidence in criminal proceedings.

communicating with a person contrary to a no-contact condition;
attending a prohibited address or location;
failing to comply with a curfew;
possessing prohibited weapons;
consuming alcohol or drugs contrary to a release condition; or
failing to report as required.

Breach of Bail Conditions

Being released on bail allows an accused person to remain in the community while their criminal case proceeds. However, that release is usually subject to conditions imposed by the court. Allegations that those conditions have been breached are treated seriously and may result in new criminal charges, even where no new offence, such as assault, theft, or fraud, is alleged.

Common allegations include:

Criminal harassment cases frequently depend on the history of the parties' interactions rather than a single incident. Text messages, emails, call logs, social media communications, photographs, videos, and other records may become important in understanding the nature of the relationship and the events giving rise to the allegation.

If you have been released on bail or another form of judicial release, carefully review and comply with all conditions imposed by the court. In many cases, release conditions prohibit contact with the complainant or restrict attendance at certain locations. Breaching those conditions may result in additional criminal charges.

Even where you believe there has been a misunderstanding, it is generally advisable not to contact the complainant directly unless you have first obtained legal advice. Attempts to explain the situation or resolve the dispute may complicate the proceedings or conflict with existing court orders.

Early legal advice allows the available evidence to be reviewed while events remain fresh and provides an opportunity to identify legal issues, evaluate possible resolutions, and develop a strategy tailored to the circumstances of the case.

Possible Resolutions of Criminal Harassment Charges

Every criminal harassment case is different. The appropriate resolution depends on the available evidence, the nature of the allegations, the relationship between the parties, and the surrounding circumstances. While some cases proceed to trial, many are resolved before reaching that stage.

The Crown prosecutor has an ongoing obligation to assess whether there is a reasonable prospect of conviction and whether continuing the prosecution is in the public interest. If that standard is no longer met, the Crown may withdraw the charge before trial.

A withdrawal may occur for a variety of reasons, including where the available evidence does not establish the legal elements of the offence, the complainant's evidence is inconsistent with other evidence, or the surrounding circumstances do not support the allegation.

In appropriate cases, criminal harassment allegations may be resolved through a peace bond under section 810 of the Criminal Code. A peace bond is not a criminal conviction and does not involve a finding of guilt. Instead, it requires a person to comply with specified conditions for a defined period. Where a peace bond is accepted by both the Crown and the accused, the criminal charge is generally withdrawn.

For some first-time offenders and less serious allegations, diversion may be available. Depending on the circumstances, an accused may be required to complete counselling, educational programming, or other conditions. Where the program is successfully completed, the Crown may withdraw the charge.

Eligibility depends on the facts of the case and Crown policy. Diversion is not available in every matter.

Some criminal harassment cases are resolved through discussions with the Crown prosecutor. Any proposed resolution should be carefully considered in light of the available evidence, the potential consequences of a conviction, and the client's personal circumstances.

Where an appropriate resolution cannot be reached, the matter proceeds to trial. The Crown must prove every element of the offence beyond a reasonable doubt. Depending on the circumstances, the issues at trial may include the nature of the alleged conduct, the history between the parties, the credibility of witnesses, the reasonableness of the complainant's fear, and whether the accused knew or was reckless as to whether the complainant was being harassed.

Key Issues in Criminal Harassment Cases

Every criminal harassment allegation is different. Although the offence often involves repeated communications or interactions between two individuals, the outcome of a case depends on the surrounding circumstances and the available evidence. When assessing a criminal harassment allegation, several legal and factual issues frequently arise.

Criminal harassment generally involves a course of conduct rather than an isolated disagreement. One of the first questions is whether the alleged conduct, viewed as a whole, establishes the type of repeated behaviour contemplated by the Criminal Code.

An essential issue in every criminal harassment case is whether the complainant reasonably feared for their safety or the safety of another person. The court considers the surrounding circumstances, the relationship between the parties, and the nature of the alleged conduct when assessing this issue.

Many criminal harassment prosecutions rely on text messages, emails, social media communications, call records, surveillance footage, or witness evidence. Reviewing the complete history of the interactions between the parties is often essential to understanding the allegation.

The history between the parties frequently plays an important role. Allegations may arise following the breakdown of an intimate relationship, disputes between neighbours, workplace conflicts, or disagreements between individuals who continue to communicate after the relationship has ended. Understanding that broader context is often important in evaluating the case.

As in every criminal prosecution, the burden remains on the Crown to prove every element of the offence beyond a reasonable doubt. A careful assessment of the evidence, the surrounding circumstances, and the applicable legal principles is essential before determining whether the allegation can be established.

How Englobe Law LLP Can Assist You

Criminal harassment allegations often arise from ongoing personal, family, workplace, or neighbourhood disputes where the history between the parties is just as important as the events giving rise to the charge. Understanding that broader context is frequently essential to assessing the strength of the prosecution's case and identifying the most appropriate defence strategy.

At Englobe Law LLP, we begin by carefully reviewing the complete factual background rather than focusing on a single incident in isolation. Depending on the circumstances, this may include reviewing text messages, emails, social media communications, call records, witness statements, photographs, videos, police notes, and other relevant evidence. Our objective is to understand not only what occurred, but also the relationship between the parties and whether the available evidence establishes the legal elements of the offence.

We carefully assess the issues that commonly arise in criminal harassment cases, including whether the alleged conduct amounted to a pattern of behaviour, whether it caused a reasonable fear for safety, the nature of the communications between the parties, and whether the Crown can establish the offence beyond a reasonable doubt.

Where appropriate, we also evaluate procedural and constitutional issues that may arise during the investigation, including the admissibility of statements, disclosure obligations, and the manner in which evidence was obtained.

Every client's circumstances are different. Criminal harassment allegations may affect employment, professional licensing, immigration status, family relationships, and ongoing civil or family law proceedings. We provide practical advice tailored to those circumstances and work closely with our clients to develop a strategy that reflects both the legal issues and their personal objectives.

Whether the goal is seeking a withdrawal of charges, negotiating an appropriate resolution, or preparing for trial, we are committed to providing clear advice, careful preparation, and strategic advocacy throughout the criminal process.

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Frequently Asked Questions

What is a bail hearing?

A bail hearing is a court proceeding where a judge or justice of the peace decides whether a person charged with a criminal offence should be released from custody while their case proceeds. The court also determines any conditions that will apply if release is granted.

Can I be released without a bail hearing?

Yes. In many cases, the police have the authority to release an accused person shortly after an arrest. Where the police do not release the accused, a formal bail hearing is generally required.

What is a surety?

A surety is a person who agrees to supervise an accused while they are on bail and help ensure that the conditions of release are followed. Not every bail hearing requires a surety, but one may be necessary depending on the circumstances of the case.

What happens if I breach my bail conditions?

An alleged breach may result in additional criminal charges, arrest, stricter release conditions, or detention. It may also affect future bail applications and the progress of the underlying criminal case.

What if the complainant contacts me first?

If your release conditions prohibit contact with the complainant, you should not respond simply because the complainant initiated the communication. No-contact conditions remain in effect unless they are changed by the court.

Can I accidentally breach my bail conditions?

Yes. Some allegations arise because release conditions were misunderstood or not followed, even where there was no intention to breach them. However, an alleged breach should always be taken seriously, and legal advice should be obtained promptly.

Can my bail conditions be changed?

In some circumstances, it may be possible to apply to vary existing release conditions. Whether a variation is available depends on the particular facts of the case and the nature of the conditions imposed.

What happens if bail is denied?

If bail is denied, the accused will generally remain in custody while the criminal proceedings continue. Depending on the circumstances, it may be possible to seek a bail review or make a further application if there has been a material change in circumstances.

Will a breach of bail affect my original criminal charge?

A breach allegation is separate from the original charge. However, it may affect future release decisions, sentencing, and how the court views compliance with previous court orders.

What should I bring to my first consultation?

If available, bring your release documents, court paperwork, any bail conditions, police documents, and any communications or other materials relevant to the allegation. These documents can assist in understanding your circumstances and identifying the legal issues that may arise.

This page provides general legal information only and does not constitute legal advice. A lawyer-client relationship is established only after a formal retainer agreement is signed.

Criminal Harassment Lawyer in Toronto, Ontario