If you have been charged with criminal harassment in Ontario, you are facing a serious criminal offence that carries the possibility of up to 10 years in prison and a permanent criminal record. These charges often arise from relationship breakdowns, custody disputes, neighbour conflicts, or workplace situations — and frequently hinge on subjective interpretations of fear or intent.
At De Boyrie Law, we defend individuals throughout Toronto and the Greater Toronto Area against criminal harassment charges under section 264 of the Criminal Code. We challenge the credibility of the complaint, the context of the alleged behaviour, and the Crown’s ability to prove that a reasonable person would have felt threatened.
What Is Criminal Harassment Under Canadian Law?
Criminal harassment is defined under section 264 of the Criminal Code of Canada. The offence targets repeated conduct that causes another person to reasonably fear for their safety. It is commonly referred to as “stalking,” though the legal definition is broader than that term suggests.
The Criminal Code lists four categories of prohibited conduct:
- Repeatedly following the complainant or someone known to them from place to place
- Repeatedly communicating with the complainant (directly or indirectly) — including phone calls, texts, emails, and social media messages
- Watching or besetting the complainant’s home, workplace, or any place where they happen to be
- Engaging in threatening conduct directed at the complainant or a member of their family
To secure a conviction, the Crown must prove all four elements beyond a reasonable doubt:
Penalties for Criminal Harassment in Ontario
Criminal harassment is a hybrid offence, meaning the Crown can elect to proceed summarily or by indictment depending on the severity of the allegations:
Additional Consequences
Beyond the sentence itself, a criminal harassment conviction carries serious collateral consequences:
- A permanent criminal record visible on background checks
- Mandatory firearms prohibition
- Possible DNA order (indictable proceedings)
- Immigration consequences for non-citizens (potential deportation or inadmissibility)
- Difficulty with employment, professional licensing, and volunteer positions
- Long-term no-contact orders that may affect custody and access arrangements
- Stigma associated with “stalking” allegations, even if the conduct was far less serious
How Criminal Harassment Charges Arise
Criminal harassment charges frequently arise from situations that are far more nuanced than they appear on paper. Common scenarios include:
Relationship Breakdowns
The most common context for criminal harassment charges. After a relationship ends, continued attempts to communicate — even to discuss shared property, children, or finances — can be recharacterized as harassment if the other party reports feeling fearful.
Custody and Family Disputes
Parents involved in custody disputes may face harassment charges if their attempts to see their children or communicate about parenting matters are perceived as unwanted contact. These cases are particularly complex because the accused often has a legitimate reason for the communication.
Neighbour and Community Conflicts
Ongoing disputes between neighbours — over noise, property boundaries, parking, or other issues — can escalate to criminal harassment charges if one party reports feeling threatened by the other’s persistence.
Workplace Situations
Conflicts between colleagues, disputes following termination, or continued contact after being told to stop can lead to criminal harassment allegations, particularly when combined with workplace harassment complaints under the OHSA.
Social Media and Online Communication
Sending messages, commenting on posts, or creating content about someone online can form the basis of criminal harassment charges if the recipient reports feeling fearful. The threshold for “repeated communication” can be met quickly in the digital context.
Defences to Criminal Harassment Charges
Criminal harassment cases are highly fact-specific, and there are several strong defences available depending on the circumstances:
The Complainant’s Fear Was Not Reasonable
The Crown must prove that the complainant’s fear was objectively reasonable — not merely that they felt afraid. If a reasonable person in the same circumstances would not have feared for their safety, the offence is not made out. Your lawyer will assess whether the alleged conduct actually crosses the threshold from unwelcome to fear-inducing.
Lack of Knowledge or Recklessness
You cannot be convicted if you did not know — and were not reckless about — whether your conduct was causing the complainant to fear for their safety. If you genuinely believed the communication was welcome, or had no reason to think it was causing fear, this element is not satisfied.
Legitimate Purpose
If your contact was for a lawful and legitimate purpose — such as exercising custody rights, discussing shared financial obligations, conducting business, or seeking to resolve a legal dispute — this can negate the inference of harassment. The law does not criminalize all unwanted contact; it criminalizes conduct that causes reasonable fear.
No Repeated Conduct
The offence requires a pattern of behaviour — not a single incident. If the Crown’s evidence shows only one or two isolated contacts, it may not meet the threshold of “repeatedly” communicating or following.
Consent or Mutual Communication
If the complainant was actively participating in the communication — responding to messages, initiating contact, or engaging in back-and-forth exchanges — it undermines the claim that the contact was unwanted and fear-inducing.
Charter Rights Violations
If police obtained evidence through unlawful surveillance, warrantless searches of your phone or computer, or by violating your right to counsel, your lawyer may apply to have that evidence excluded under section 24(2) of the Charter.
The Conduct Does Not Meet the Statutory Definition
Not all unwanted contact constitutes criminal harassment. The behaviour must fit within one of the four categories listed in s.264 and must cause reasonable fear. Many cases involve conduct that is annoying or unwelcome but does not rise to the criminal level.
The Criminal Harassment Court Process
Investigation and Charges
Criminal harassment investigations often begin with a complaint to police. The complainant provides a statement, and police may review text messages, emails, call logs, social media activity, and surveillance footage. Charges are typically laid quickly — sometimes based primarily on the complainant’s statement.
Bail and Conditions
If you are arrested, you will likely face strict bail conditions including:
- No-contact orders with the complainant
- Geographic restrictions (stay away from their home, workplace, school)
- Restrictions on internet and social media use
- Curfews and reporting conditions
Violating these conditions — even accidentally — can result in additional criminal charges (breach of recognizance).
Disclosure and Defence Preparation
Your lawyer will request full disclosure from the Crown, including the complainant’s statements, all communications evidence, police notes, and any witness statements. This material is critical for identifying inconsistencies, context the Crown may have overlooked, and potential Charter violations.
Resolution Options
Many criminal harassment cases are resolved before trial through:
- Charge withdrawal — If the evidence is weak or the complainant’s credibility is undermined
- Peace bond (s.810) — A preventive order that does not result in a criminal record or admission of guilt
- Diversion — Available in some jurisdictions for first-time offenders with less serious allegations
- Plea to a lesser offence — In rare cases, negotiating a plea to a less serious charge
Trial
If your case proceeds to trial, your lawyer will cross-examine the complainant and any witnesses, challenge the Crown’s evidence, and present your defence. Criminal harassment trials often turn on credibility — the complainant’s account versus the context and evidence that tells a different story.
Frequently Asked Questions
Can I be charged with criminal harassment for texting my ex?
Yes, if the texts are repeated, unwanted, and cause your ex to reasonably fear for their safety. Furthermore, Harassing Communications can be a separate criminal offense under Section 372(3) of the Criminal Code of Canada, although there must be an ‘intent to harass’. However, context matters enormously. A few messages asking about shared belongings is very different from dozens of threatening messages. Your lawyer will assess whether the Crown can prove all elements of the offence.
What is the difference between criminal harassment and uttering threats?
Criminal harassment (s.264) involves a pattern of conduct causing fear. Uttering threats (s.264.1) involves making a specific threat to cause death, bodily harm, or property damage. They are separate offences with different elements, though they can be charged together.
Will I go to jail for a first-time criminal harassment charge?
It depends on the severity of the conduct and the circumstances. Many first-time offenders receive a peace bond (no criminal record), a conditional discharge, or a suspended sentence with probation. Jail is more likely where the conduct was prolonged, involved explicit threats, or where the accused has a prior record.
What if the complainant is lying or exaggerating?
This is common in harassment cases, particularly those arising from relationship breakdowns or custody disputes. Your lawyer will thoroughly review the evidence for inconsistencies, examine the complainant’s motivations, and cross-examine them at trial to challenge their credibility.
Can I contact the complainant to explain my side?
No. If you have bail conditions or an undertaking with a no-contact order, any contact with the complainant — even to apologize or explain — is a separate criminal offence (breach of recognizance). Communicate only through your lawyer.
How much does a criminal harassment lawyer cost?
Fees vary depending on the complexity of the case and whether it resolves before trial or proceeds to a full hearing. De Boyrie Law offers a free initial consultation to review your situation and provide a clear estimate of costs. Many cases resolve through negotiation without the expense of a trial.
Why Choose De Boyrie Law
At De Boyrie Law, we understand that criminal harassment charges often arise from complex personal situations where the full context matters. We take a strategic, thorough approach to every case:
- Early intervention — We act quickly to protect your rights and manage bail conditions
- Thorough evidence review — We examine all communications, timelines, and witness accounts to build a complete picture
- Challenging the Crown’s case — We identify weaknesses in each element the Crown must prove
- Negotiating effectively — We pursue peace bonds, withdrawals, and alternative resolutions wherever possible
- Trial-ready defence — When negotiation is not appropriate, we are prepared to challenge the case at trial
- Discretion — We understand the sensitivity of these allegations and handle every case with care
Contact De Boyrie Law for a Free Consultation
If you have been charged with criminal harassment in Ontario — or believe you are under investigation — do not wait. The sooner you have a lawyer working on your case, the better your chances of a favourable outcome.
Call: (416) 727-1389 Online: Schedule a free consultation
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
