Introduction:
Text messages from an ex. A neighbour who won’t leave you alone. A coworker whose attention is making you uncomfortable. When does this behaviour cross the line from annoying to criminal?
In Canada, criminal harassment is an offence under section 264 of the Criminal Code. This article explains what qualifies as criminal harassment and what to do if you have been harassed, or are accused of criminal harassment.
Table of Contents
What is Criminal Harassment?
Criminal harassment occurs when someone repeatedly engages in behaviour that causes another person to reasonably fear for their safety or the safety of someone close to them. The accused must either have knowledge that their actions constitute harassment or be reckless or willfully blind of that effect.
This offence involves a pattern of behaviour, not a one-time incident. Actions that may amount to criminal harassment include:
- Following someone repeatedly.
- Continuing to communicate with someone after being told to stop.
- Watching or “stalking” someone at or near their home or workplace.
- Threatening behaviour toward the person or someone they care about.
How It Happens:
Criminal harassment often arises out of interpersonal conflict:
- Post-breakup communications that persist after clear boundaries are set.
- Neighbour disputes involving intimidation, surveillance, or confrontation.
- Workplace conflicts, inappropriate emails or messages outside work hours.
- Online contact, where messages, tags, or digital tracking becomes invasive.
These situations may start as disputes but can quickly escalate into criminal matters.
What Counts as “Fear for One’s Safety?”
The fear doesn’t have to be physical or extreme, it must be considered reasonable in the circumstances. Courts assess this objectively: “Would a reasonable person in the same situation feel threatened?”
For example:
- A few unanswered messages could unlikely meet the threshold.
- Repeated contact after being told to stop, including surveillance, can qualify.
- There doesn’t need to be explicit threats, the impacts on the victim matters.
What If You’ve Been Accused?
Criminal harassment charges can arise even where harm was not intended.
If you’re charged:
- Do not contact the complainant, this would breach bail or release conditions.
- Speak to a criminal defence lawyer immediately as a conviction could result in a criminal record, probation, or jail.
- Avoid indirect communication, including social media posts that could be interpreted as threatening or harassing.
Intent is not always required. Reckless disregard for the other person’s fear could be enough to establish guilt.
What If You Are the Target of Harassment?
If someone’s behaviour is making you feel unsafe:
- Keep records: save messages, screenshots, photos, or any relevant evidence.
- Report to police: especially if behaviour continues after you asked them to stop.
- Avoid direct confrontation: it may escalate things or put you at further risk.
You don’t need to prove intent. Your safety and peace of mind are sufficient for action.
Penalties for Criminal Harassment
Criminal harassment can be treated as either a summary offence or an indictable offence depending on the seriousness of the case.
Penalties may include:
- A criminal record.
- Fines or probation.
- No-contact orders.
- Imprisonment.
Final Thoughts:
There’s a line between persistence and harassment. What seems like determination to one person can feel like intimidation to another. The law protects against contact that becomes obsessive, threatening, or emotionally harmful.
If you’ve been accused of criminal harassment or if someone’s behaviour is causing you fear, legal advice can help you understand your rights, options, and next steps.
At Shim Law, our Calgary-based team is experienced on both sides of harassment cases, whether you are defending against charges or seeking legal protection. We’ll guide clients through these situations with clarity, professionalism, and discretion.
Need legal assistance? Contact our criminal law team directly.
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