Criminal Harassment vs Civil Harassment in Ontario

What You Need to Know If You Have Been Charged

If you have been accused of criminal harassment, workplace harassment, or civil harassment in Ontario, it is essential to understand the legal distinctions between these categories — because the type of proceeding you face determines the penalties, the standard of proof, and the defences available to you. This guide explains the differences from the perspective of someone who has been charged or accused, and outlines how De Boyrie Law can help.

The Legal Definition of Harassment in Ontario

“Harassment” is not a single legal concept in Ontario. It spans multiple legal frameworks, each with its own definition, threshold, and consequences:

Understanding which framework applies to your situation is the first step in building an effective defence.

 

---

What Is Criminal Harassment?

Criminal harassment is defined under section 264 of the Criminal Code of Canada. It is the most serious form of harassment allegation because it carries the possibility of imprisonment and a permanent criminal record.
To secure a conviction, the Crown must prove all of the following beyond a reasonable doubt:
Prohibited conduct
The accused engaged in one of the listed behaviours:

• Repeatedly following the complainant or someone known to them
• Repeatedly communicating (directly or indirectly) with the complainant
• Watching or besetting the complainant’s home, workplace, or other location
• Engaging in threatening conduct directed at the complainant or their family

The complainant was harassed
The conduct caused the complainant to feel harassed.
Reasonable fear
The complainant reasonably feared for their safety or the safety of someone known to them.
Knowledge or recklessness
The accused knew, or was reckless as to whether, their conduct was causing the complainant to be fearful.

Penalties for Criminal Harassment

Criminal harassment is a hybrid offence, meaning the Crown can proceed summarily or by indictment:

Additional consequences include:

• A permanent criminal record
• Mandatory DNA order (if proceeded by indictment)
• Firearms prohibition
• No-contact orders and peace bonds
• Immigration consequences for non-citizens
• Difficulty with employment, travel, and professional licensing

 

---

What Is Civil / Workplace Harassment?

Civil harassment does not fall under criminal law. It is addressed through provincial legislation, administrative tribunals, or civil court proceedings. The most common contexts are:

Workplace Harassment (OHSA)

Under the Occupational Health and Safety Act, workplace harassment is defined as: “Engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.”
This includes bullying, repeated criticism designed to humiliate, exclusion, and intimidation. Employers have a legal obligation to investigate complaints and take corrective action.

Human Rights Harassment (Ontario Human Rights Code)

The Human Rights Code prohibits harassment related to protected grounds — including race, sex, sexual orientation, gender identity, disability, religion, age, and other characteristics. Examples include repeated sexist comments, racial slurs, or unwelcome sexual advances in a workplace or housing context.

Civil Court Proceedings

In some cases, individuals pursue civil lawsuits for damages (e.g., intentional infliction of mental suffering) or seek restraining orders through the courts.

Key Differences from Criminal Harassment

---

Why the Distinction Matters If You Have Been Accused

The distinction between criminal and civil harassment has significant practical implications for anyone facing allegations:

You Can Be Accused in Both Systems Simultaneously

It is possible to face criminal charges under s.264 and a workplace harassment complaint or human rights application arising from the same conduct. An acquittal in criminal court does not prevent a finding of liability in the civil or administrative system, because the standard of proof is lower.

Criminal Harassment Requires a Higher Threshold

In criminal proceedings, the Crown must prove your guilt beyond a reasonable doubt — the highest standard in Canadian law. If there is any reasonable doubt about whether the complainant’s fear was reasonable, or whether you knew your conduct was causing fear, the court must acquit. This is a significantly higher bar than the “balance of probabilities” standard used in civil and workplace proceedings.

Context Matters — Especially in the Workplace

Workplace harassment allegations often arise from interpersonal conflicts, management disputes, or misunderstandings that escalate. What an employer characterizes as “harassment” under the OHSA may not come close to meeting the criminal threshold. However, if police become involved and charges are laid under s.264, the stakes change dramatically.

The “Unwelcome” Standard vs the “Fear” Standard

Civil harassment requires only that the conduct was unwelcome. Criminal harassment requires proof that the conduct caused reasonable fear for safety. This distinction is critical — many behaviours that constitute workplace harassment (repeated emails, persistent criticism, social exclusion) would not meet the criminal standard unless they cross into threatening or stalking behaviour.

 

---

Workplace Harassment and Criminal Charges: When Lines Blur

In some cases, conduct that begins as a workplace dispute can escalate into criminal harassment allegations. Common scenarios include:

• Post-termination contact — An employee who has been fired continues to contact their former employer or colleagues, leading to a criminal harassment complaint
• Romantic relationships at work — A workplace relationship ends, and continued contact is recharacterized as harassment
• Management conflicts — A supervisor’s management style is reported as harassment; the situation escalates to police involvement
• Social media conduct — Online posts or messages about a workplace dispute are reported as threatening

In these situations, the accused often has a legitimate explanation for their conduct that does not involve any intent to cause fear. A skilled defence lawyer can demonstrate that the conduct falls below the criminal threshold, even if it may constitute a workplace or civil matter.

 

---

Defences Available to You

If you have been charged with criminal harassment, several defences may apply:

• No reasonable fear — The complainant’s fear was not objectively reasonable in the circumstances
• Lack of knowledge or recklessness — You did not know, and were not reckless about, whether your conduct was causing fear
• Legitimate purpose — The contact was for a lawful purpose (e.g., exercising custody rights, communicating about shared property, or conducting business)
• Consent or mutual communication — The complainant was actively participating in the communication
• Charter violations — Evidence was obtained through unlawful searches, surveillance, or violations of your right to counsel
• Mistaken identity — In cases involving anonymous communications or online conduct
• The conduct does not meet the statutory threshold — The behaviour, while perhaps unwelcome, does not rise to the level of criminal harassment under s.264

 

---

Frequently Asked Questions

Can I be charged with criminal harassment for sending text messages?

Yes, if the messages are repeated, unwanted, and cause the recipient 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, however there must be an ‘intent to harass’. The context also matters — a few messages after a breakup may not meet the threshold, while dozens of threatening or unwanted messages likely would. Your lawyer will assess whether the Crown can prove all elements of the offence.

What is the difference between a peace bond and a criminal harassment charge?

A peace bond (s.810) is a preventive order — it does not result in a criminal record and does not require an admission of guilt. A criminal harassment charge under s.264 is a criminal prosecution that, if convicted, results in a criminal record. In some cases, your lawyer can negotiate a peace bond as an alternative to prosecution.

Can workplace harassment lead to criminal charges?

It can, but the threshold is much higher. Workplace harassment under the OHSA (vexatious conduct) does not automatically constitute criminal harassment. Criminal charges require proof of conduct that causes reasonable fear for safety. However, if workplace conduct escalates to threats, stalking, or repeated unwanted contact outside of work, police may lay criminal charges.

What should I do if I am accused of harassment at work AND facing criminal charges?

You need separate legal strategies for each proceeding. A criminal defence lawyer handles the criminal charge; an employment lawyer or human rights lawyer may assist with the workplace matter. Do not make statements in the workplace investigation that could be used against you in the criminal case — speak to your criminal lawyer first.

Can I be found not guilty criminally but still liable civilly?

Yes. Because the civil standard of proof (balance of probabilities) is lower than the criminal standard (beyond a reasonable doubt), it is possible to be acquitted of criminal harassment but found liable in a human rights or civil proceeding for the same conduct.

 

---

How De Boyrie Law Can Help

At De Boyrie Law, we defend individuals throughout Toronto and the GTA who have been charged with criminal harassment under s.264 of the Criminal Code. We understand that these charges often arise from complex personal situations — relationship breakdowns, custody disputes, workplace conflicts — and that the full context matters.
Our approach includes:

• Thorough review of the evidence — We examine all communications, witness statements, and police reports to identify weaknesses in the Crown’s case
• Challenging the elements of the offence — We assess whether the Crown can actually prove reasonable fear, knowledge, and the prohibited conduct
• Negotiating alternatives — Where appropriate, we negotiate peace bonds, withdrawals, or diversion to avoid a criminal record
• Protecting your rights — We ensure that any evidence obtained in violation of your Charter rights is challenged
• Coordinating with other proceedings — If you are also facing workplace or civil proceedings, we ensure your criminal defence strategy does not conflict with those matters

 

---

Contact De Boyrie Law for a Free Consultation

If you have been charged with criminal harassment in Ontario — or are under investigation — contact De Boyrie Law today for a free, confidential consultation. We will review your situation, explain the differences between criminal and civil harassment as they apply to your case, and begin building your defence immediately.