Criminal Code: Section 264
Criminal Harassment
Criminal Code: Section 264
Criminal Harassment
Overview
The Criminal Code defines harassment as acting toward a person while knowing that they feel harassed or without caring about their feelings, if these actions create a reasonable fear for their safety or that of their loved ones, taking into account the context. Behaviors considered as harassment include stalking a person, communicating repeatedly, monitoring their home, or engaging in threatening behavior. These behaviors are classified as ‘prohibited acts’ and are strictly prohibited by law.
Proof of Guilt
The maximum penalty for a person found guilty of criminal harassment can reach 10 years in prison. For a person to be convicted of criminal harassment, several elements must be proven. The following five criteria must be met to establish this offense:
- The defendant committed a prohibited act (as defined previously).
- The complainant felt harassed (uncomfortable, worried, etc.).
- The defendant knew that the complainant felt harassed or ignored this reality.
- The act caused the complainant to fear for their safety or that of their loved ones.
- The fear was reasonable, meaning it was not frivolous or unreasonable, considering the circumstances.
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