Criminal Harassment vs Civil Harassment in Ontario

Understanding Criminal Harassment vs Civil Harassment in Ontario

Many people in Ontario use the word “harassment” to describe any unwanted behaviour that causes distress, intimidation, or fear. However, the law treats harassment very differently depending on whether it is a criminal or civil matter. Understanding the key differences between criminal harassment and civil harassment in Ontario is essential for determining how to take legal action—or defend yourself—if you are involved in such a dispute.

In simple terms, criminal harassment falls under the Criminal Code of Canada and can lead to an arrest, prosecution, and potential jail time. Civil harassment, on the other hand, typically involves workplace or human rights violations under provincial law, such as the Occupational Health and Safety Act (OHSA) or the Ontario Human Rights Code, and results in remedies like compensation, policy changes, or reinstatement rather than criminal punishment.

What Is Criminal Harassment in Ontario?

Criminal harassment is defined under section 264 of the Criminal Code of Canada. It involves repeated or threatening conduct that causes another person to fear for their safety or the safety of someone they know. Examples of criminal harassment include:

• Repeatedly following someone or watching their home or workplace

• Sending unwanted messages, phone calls, or social media contact

• Making threats or intimidating gestures

• Showing up uninvited at a person’s residence or place of work

To convict someone of criminal harassment, the Crown must prove that:

1. The accused engaged in one of the prohibited behaviours listed above.

2. The complainant was harassed by this conduct.

3. The complainant’s fear for their safety was reasonable.

4. The accused knew, or was reckless as to whether, their conduct caused fear.

Because criminal harassment is a hybrid offence, the Crown can choose to proceed summarily (for less serious cases) or by indictment (for more serious cases). A conviction can lead to imprisonment for up to ten years, probation, fines, and a criminal record.

You can review the full definition of this offence in section 264 of the Criminal Code.

What Is Civil Harassment in Ontario?

Civil harassment does not fall under criminal law—it is addressed through provincial legislation or civil court proceedings. The most common contexts for civil harassment in Ontario are:

• Workplace harassment under the Occupational Health and Safety Act (OHSA)

• Discriminatory harassment under the Ontario Human Rights Code

• Personal disputes that may lead to civil lawsuits for damages or restraining orders

Under the OHSA, 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.”

Similarly, the Human Rights Code prohibits harassment related to protected grounds such as race, sex, gender identity, disability, religion, or age. For example, repeated sexist comments or racial slurs in the workplace would qualify as civil harassment.

Civil harassment cases do not require proof of fear for safety. Instead, they focus on whether the behaviour was unwelcome, discriminatory, or created a hostile environment.

For more information, you can visit the Ontario Human Rights Commission’s website or the Ministry of Labour’s harassment guidelines.

Criminal Harassment vs Civil Harassment: Legal Intent and Consequences

A major difference between criminal harassment and civil harassment in Ontario lies in intent and the resulting penalties.

• Criminal Harassment: The Crown must prove intent or recklessness in causing fear. The offence is prosecuted in criminal court, and penalties include imprisonment, probation, and a criminal record.

• Civil Harassment: The intent is less important; what matters is whether the conduct was inappropriate or unwelcome. Cases are handled in civil or administrative forums such as the Human Rights Tribunal of Ontario (HRTO) or Ministry of Labour investigations. Remedies often include financial compensation, disciplinary action, or workplace training, not jail time.

Essentially, criminal harassment focuses on protection of personal safety, while civil harassment focuses on protection of dignity and human rights.

Burden of Proof: Beyond a Reasonable Doubt vs Balance of Probabilities

The standard of proof also differs between criminal harassment and civil harassment in Ontario.

• In criminal cases, the Crown must prove the accused’s guilt beyond a reasonable doubt, which is the highest standard in Canadian law. If there is any reasonable doubt about the accused’s intent or whether the complainant’s fear was reasonable, the court must acquit.

• In civil or human rights cases, decisions are made on a balance of probabilities, meaning it is more likely than not that the harassment occurred. This lower standard makes civil claims easier to prove.

Because of this difference, someone may be found not guilty of criminal harassment but still be held responsible in a civil or workplace harassment proceeding for the same behaviour.

How Complaints Are Filed in Each System

When comparing criminal harassment vs civil harassment in Ontario, another key difference lies in how complaints are initiated.

Criminal Harassment:

• Victims should contact the local police immediately if they feel unsafe.

• Police will investigate, collect evidence, and decide whether to lay charges.

• If charges are laid, the case proceeds through the criminal court system, and the accused may face arrest, bail conditions, or trial.

Civil Harassment:

• Victims can file a complaint with their employer, the Ministry of Labour, or the Human Rights Tribunal of Ontario (HRTO).

• In personal disputes, an individual can apply for a peace bond or restraining order through the Ontario Court of Justice.

• These processes are non-criminal and focus on protection and remedies, not punishment.

If you are unsure which process applies to your situation, legal guidance can help.

Potential Outcomes in Criminal vs Civil Harassment Cases

The outcomes of criminal and civil harassment cases vary greatly:

• Criminal harassment convictions can result in jail sentences, probation, and a criminal record, which may affect employment and travel. Courts may also impose no-contact orders or peace bonds to protect the victim.

• Civil harassment findings may lead to monetary compensation, reinstatement of employment, or workplace policy changes. In some cases, employers can be ordered to take corrective measures or implement new anti-harassment training programs.

While criminal law aims to punish and deter, civil law aims to compensate and correct.

Overlapping Cases: When Conduct May Be Both Criminal and Civil

It is possible for behaviour to qualify as both criminal and civil harassment. For example, a co-worker who sends threatening messages could face criminal charges under the Criminal Code and also be the subject of a human rights or workplace complaint. In such cases, the criminal and civil proceedings may run simultaneously but are handled by separate systems.

Lawyers often advise victims to document all incidents in detail—messages, emails, photos, and witness statements—as this evidence can be used in both proceedings.

Choosing the Right Legal Path

Determining whether a situation should be handled as criminal or civil harassment depends on the facts of the case. If your safety is at risk, contacting the police is the best first step. If the issue is workplace or discrimination-related, a civil complaint may be more appropriate.

In either case, speaking with a criminal or civil lawyer in Ontario ensures that you choose the correct path and understand the potential consequences.

Contact a Lawyer About Harassment Matters in Ontario

If you are unsure whether your situation qualifies as criminal or civil harassment, or if you have been accused of harassment, professional legal advice is essential. Contact us today to schedule a free, confidential consultation with De Boyrie Law. Our team can explain your rights, assess the evidence, and help you determine whether your case falls under criminal or civil law.

For additional legal resources, you can also visit the Ontario Ministry of the Attorney General.