Defining Harassment Under the Criminal Code
Harassment is a term frequently encountered in both legal discussions and everyday conversations, yet its precise definition can often be ambiguous. This article aims to clarify how harassment is defined and classified under the Criminal Code of Canada. It is intended for informational purposes only and does not constitute legal advice. For specific legal counsel tailored to your situation, please contact Mr. Behrouz Shafiei.
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What is Harassment?
The Criminal Code of Canada defines and categorizes “criminal harassment” as follows:
264 (1): No person shall, without lawful authority and knowing that another person is harassed, or being reckless as to whether the other person is harassed, engage in conduct described in subsection (2) that causes the other person, reasonably and under all circumstances, to fear for their safety or the safety of anyone known to them.
Prohibited Conduct
(2): The conduct referred to in subsection (1) includes:
- Repeatedly following another person or anyone known to them from place to place;
- Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- Besetting or watching the dwelling-house or place where the other person, or anyone known to them, resides, works, conducts business, or happens to be; or
- Engaging in threatening conduct directed at the other person or any of their family members.
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Punishment
(3): Anyone who contravenes this section is guilty of:
- An indictable offence and is liable to imprisonment for a term not exceeding ten years; or
- An offence punishable by summary conviction.
Factors to Be Considered
(4): When sentencing a person convicted of an offence under this section, the court shall consider it an aggravating factor if, at the time of the offence, the person contravened:
- The terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to sections 810, 810.1, or 810.2; or
- The terms or conditions of any other order, recognizance, or undertaking, made or entered into under common law, this Act, or any other Act of Parliament or a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
As illustrated, harassment under the Criminal Code encompasses a variety of behaviours intended to intimidate, annoy, or cause alarm to another person. It is important to note that harassment typically involves more than mere annoyances and often (though not always) includes a pattern of persistent and unwelcome behaviour. Harassment can take multiple forms, including but not limited to:
- Cyberbullying: Using digital communication to send threatening or abusive messages, post harmful content, or engage in online stalking.
- Verbal Harassment: Repeatedly subjecting an individual to offensive or threatening language, whether in person, over the phone, or through other communication channels.
- Stalking: Continuously following or tracking someone without their consent, causing them fear or distress.
- Sexual Harassment: Unwanted sexual advances, comments, or actions that create a hostile or intimidating environment.
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The Importance of Understanding Harassment Laws
Several other sections of the Criminal Code also pertain to harassment, including those concerning Uttering Threats and Mischief. Understanding the legal definition of harassment and its consequences is crucial for several reasons:
- Protection: Knowledge of the law enables individuals to protect themselves and seek legal remedies when they are subjected to harassment or accused of harassment.
- Prevention: Awareness of the legal consequences can serve as a deterrent, discouraging potential harassers from engaging in harmful behaviour.
- Reporting: Victims of harassment can confidently report incidents to law enforcement, leading to investigations and potential prosecutions.
- Support: Recognizing harassment can help friends, family, and colleagues provide support to those affected and encourage them to seek assistance.
In Conclusion
Harassment encompasses a range of behaviours that can have serious consequences. If you have been charged with criminal harassment or related offences, it is crucial to contact Mr. Behrouz Shafiei, a criminal defence lawyer in Toronto, immediately.
