
What Is Criminal Harassment?
Understanding the Legal Definition of Criminal Harassment
When you hear the term “criminal harassment,” you might picture something out of a movie, but the legal definition is quite precise. An allegation of this nature is not a small matter, and if you find yourself accused, connecting with a professional Edmonton criminal lawyer is a critical first step. According to Canada’s Criminal Code, a person commits this offence if they engage in prohibited conduct that causes another person to reasonably, in all the circumstances, fear for their safety or the safety of anyone they know.
The key here is the concept of “reasonable fear.” This doesn’t mean the person has to be afraid of immediate physical violence or death. The fear can relate to their psychological well-being or emotional security. The court looks at the situation from the perspective of a reasonable person in the victim’s shoes to determine if the fear was justified. It’s an objective test, not just based on how the complainant personally felt.
The Four Types of Prohibited Conduct
The Criminal Code outlines four main categories of behavior that can constitute harassment. The first is repeatedly following someone from place to place. The second is repeatedly communicating with them, either directly through calls and texts or indirectly through third parties or social media. These actions must be unwanted and continuous. A single unwanted call is rude; a hundred might be criminal. 🤔
The third prohibited action is watching or “besetting” the home or workplace of the person or their family. Besetting means to surround or block a place in a way that is intimidating or obstructive. The fourth type is engaging in any kind of threatening conduct. This conduct doesn’t have to be a direct threat of violence; it can be more subtle, as long as it contributes to the person’s reasonable fear.
What Does the Crown Need to Prove?
For a conviction, the prosecution has to prove two core elements beyond a reasonable doubt. The first is the guilty act, known in legal terms as the actus reus. This means the Crown must show that the accused person actually committed one of the four types of prohibited conduct we just discussed. They need evidence of the repeated following, communication, watching, or threatening behavior.
The second element is the guilty mind, or the mens rea. The prosecution must prove that the accused person knew their actions were unwanted and making the other person feel harassed. Alternatively, they can show that the accused was reckless or willfully blind to the fact that their conduct was harassing. This means you can’t just say, “I didn’t know I was scaring them.” If a reasonable person would have known, that may be enough to establish the mental element of the offence.
The Difference Between Harassment and Stalking
People often use the words “harassment” and “stalking” to mean the same thing, and in many ways, they’re right. In everyday conversation, stalking is the more common term. In the Canadian legal system, the official charge is “criminal harassment.” The law was created to address the very real danger and psychological distress caused by persistent, unwanted attention.
The law is concerned with a pattern of conduct, not just a one-off event. A single argument or a poorly-received joke typically won’t lead to charges. It’s the repetitive nature of the actions that elevates them to a criminal level. This repeated behavior is what instills the fear that is central to the offence, turning annoyance into a serious legal issue.
Examples of Criminal Harassment in Action
To make this clearer, let’s consider a scenario. A person going through a difficult breakup might start sending their ex-partner dozens of text messages a day, showing up at their gym, and leaving unwanted items on their doorstep. 📱 Even if none of the messages are directly threatening, the sheer volume and persistence of the contact can cause the ex-partner to fear for their safety, leading to a harassment charge.
Another example could involve a workplace dispute. Imagine a co-worker who, after a disagreement, begins to consistently wait for another employee in the parking lot after work, follows them for a few blocks on their drive home, and posts vague but menacing comments about them online. This pattern of conduct, taken together, creates an intimidating atmosphere and could easily form the basis of a criminal harassment investigation.
Potential Penalties and Consequences
Being found guilty of criminal harassment carries heavy consequences. It’s a hybrid offence, giving the prosecutor the choice to proceed by summary conviction (for less serious cases) or by indictment (for more serious ones). A conviction on indictment can result in a prison sentence of up to ten years. For a summary conviction, the maximum penalty is two years less a day in jail and/or a $5,000 fine.
Beyond possible jail time, a conviction creates a permanent criminal record. This can seriously complicate your life, affecting job opportunities, your ability to travel internationally, and even your immigration status. The court may also impose a probation order with strict conditions, such as having no contact with the complainant, or issue a separate peace bond to protect the victim’s safety. 📜
Why You Need a Strong Legal Defence
If you are accused of criminal harassment, the situation is serious, but you have rights. A skilled defence lawyer will meticulously review the evidence presented by the prosecution. They will question whether the alleged conduct actually happened, if it truly caused a reasonable fear, or if there is an innocent explanation for your actions. The complainant’s fear must be reasonable, which is a point a good lawyer can challenge.
An accusation is just the beginning of a legal process, not the end. Having a knowledgeable legal professional on your side is essential to building a solid defence. They can negotiate with the Crown, argue for the exclusion of evidence, or fight for your acquittal at trial. Securing expert legal representation gives you the best chance at a fair outcome and helps protect your future.




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