Stalking, defined by the Criminal Code of Canada as criminal harassment, is a serious offence. It can be prosecuted as an indictable offence or summary conviction, depending on what kind of harassment was undertaken.

Being charged with stalking should not be taken lightly. You could be imprisoned for up to 10 years if convicted and found guilty as an indictable offence. However, defences to criminal harassment charges are possible.

You should contact a qualified criminal defence lawyer immediately upon arrest to help defend your case. Being convicted of stalking can have serious impacts on your life, freedom, and employment.

What Is Criminal Harassment?

Criminal harassment is defined in Section 264 (1) of the Criminal Code of Canada. This section states the following:

No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes the other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

Section 264 (2): Prohibited Conduct

The conduct mentioned in subsection (1) consists of:

• (a) Repeatedly following from place to place the other person or anyone known to them;
• (b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
• (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 direct at the other person or any member of their family.

What Are Common Stalking Behaviours?

In general terms, criminal harassment behaviours include:

• Repeatedly calling someone.
• Spying on someone while taking pictures or videos.
• Following a person by car or on foot.
• Going to someone’s workplace, home, school, or other locations they frequent.
• Sending unwanted gifts, text messages, pictures, videos, emails, etc.
• Contacting friends and family members of someone to obtain information about them.
• Searching for private information about someone.
• Making threats to a person or someone known to them.
• Damaging physical property owned by someone, including their pets.

The Crown has the burden to prove these behaviours were done with the intent to bring harm to another, or to have caused them emotional distress, fear, or resulted in actual harm.

Potential Defences to Criminal Harassment

Several defences can be used to fight criminal harassment charges. Some of the more common ones include:

• The victim filed a false claim of stalking.
• The victim mistook you for someone else.
• You were carrying out legitimate activity the victim perceived as stalking, such as walking the same route to work.
• You did not cause harm, distress, or fear to the victim.

To understand more about finding the best legal assistance, you can read about leading criminal lawyers.

Please remember these are just a few potential defences to being charged with criminal harassment. This information is for educational purposes only and should not be construed as actual legal advice.

For legal advice and help to defend against criminal harassment, hire an experienced criminal defence lawyer to schedule a consultation today! Additionally, if you need broader legal assistance beyond criminal defence, consider reading about hiring a lawyer for investment contracts.