Harassment

Criminal Harassment [C.C. s 264]

It is an offence to cause another person to fear for their safety (or the safety of anyone known to them), by

(a) repeatedly following that person (or anyone known to them) from place to place;

(b) repeatedly communicating with that person (or anyone known to them), either directly or indirectly;

(c) besetting or watching the dwelling-house, or place where the other person (or anyone known to them) resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

The offence of Criminal Harassment includes what is commonly known as “stalking”, and often involves repeated and unwanted phone calls or pursuance. However, in some cases, a single instance of such conduct may suffice if it can be shown that the complainant reasonably (under the circumstances) feared for their safety or the safety of someone connected to them.

To be convicted of Criminal Harassment, it is necessary that the Crown prove, beyond a reasonable doubt, that you knew your conduct was harassing, or were reckless as to such. Toronto criminal harassment lawyer Daniel Freudman provides effective representation by closely and thoroughly examining each case in its entirety to ensure that any defences arising on the facts are raised and fervently pursued.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 10 years jail

(ii) if Crown proceeds summarily: maximum of 6 months jail

Uttering Threats [C.C. s 264.1]

It is an offence to knowingly utter, convey or cause a person to receive a threat to cause death or bodily harm to any person.

It is important to note that the intention to actually carry out the threat, or the physical ability to do so, is not necessary. However, the threat must be made intentionally, whether by words, text message or even through Facebook.

Potential penalty upon conviction:

(i) if Crown proceeds by indictment: maximum of 5 years jail

(ii) if Crown proceeds summarily: maximum of 18 months jail

Call Daniel For a Free Initial Consultation at 647-771-2416

* Required