How Can I Have Someone Charged with Harassment?

If you are being repeatedly contacted, followed, or threatened, you may be wondering how to have someone charged with harassment in Ontario. Harassment can take many forms—from persistent phone calls and messages to stalking or intimidation—and it is recognized as a serious criminal offence under the Criminal Code of Canada. Knowing what qualifies as harassment, how to collect evidence, and how to report it can help you take legal action and protect your safety. This article explains everything you need to know about having someone charged with harassment in Ontario, including the reporting process, police investigation, and available legal protections.

What Is Considered Harassment in Ontario?

To understand how to have someone charged with harassment in Ontario, it’s important to first know what legally qualifies as harassment. Under section 264 of the Criminal Code, criminal harassment occurs when someone repeatedly communicates with you, follows you, or behaves in a threatening manner that causes you to fear for your safety or the safety of someone you know. The accused must know—or reasonably should know—that their behaviour is unwanted and causing distress. Examples include constant unwanted calls, texts, emails, or visits; showing up at your home or workplace without consent; and threatening or intimidating actions.

Difference Between Harassment and Inconvenience

Not every unpleasant or unwanted interaction qualifies as harassment under Canadian law. To have someone charged with harassment in Ontario, their conduct must be repetitive, targeted, and fear-inducing—not merely annoying. A one-time argument, rude message, or disagreement does not usually meet the legal threshold. Police and courts will look for a pattern of behaviour that causes genuine and reasonable fear for your safety.

Step 1: Document Evidence of Harassment

One of the most important steps in having someone charged with harassment in Ontario is gathering strong evidence. Police rely heavily on documentation to determine whether the reported conduct meets the standard for criminal harassment. Keep detailed records of every incident, including the date, time, and nature of the contact. Save all text messages, emails, and social media communications, and take screenshots before deleting anything. Note any witnesses who can verify what happened. If you have been followed or stalked, record the times and places you encountered the person. Photos, videos, or surveillance footage can further strengthen your case.

Step 2: Report Harassment to the Police

Once you have gathered evidence, the next step in how to have someone charged with harassment in Ontario is to contact your local police service. If you are in immediate danger, call 911. Otherwise, you can visit your nearest police station or call their non-emergency line. When speaking to police, provide as much factual detail as possible and share your documentation. The officer will take a statement and assess whether the behaviour meets the criteria for criminal harassment. If they believe there are reasonable grounds, they may open an investigation and lay charges against the individual.

Step 3: Police Investigation and Possible Charges

Understanding how the police handle harassment cases is essential if you want to have someone charged with harassment in Ontario. Once a report is filed, police will interview witnesses, review evidence, and, if necessary, consult with a Crown Attorney. If they determine there are sufficient grounds, they may arrest or summon the accused. The accused could then face release conditions, such as no-contact orders or restrictions from visiting certain locations. If police decide not to lay charges, you may still have other legal options to protect yourself, such as applying for a peace bond.

Step 4: Applying for a Peace Bond

A peace bond is a preventive legal measure under section 810 of the Criminal Code. Even if police do not lay criminal charges, you can apply for a peace bond if you have reasonable fear that someone might harm you, your family, or your property. To start the process, go to your local courthouse and ask to speak with a Justice of the Peace. If granted, a peace bond can impose conditions like staying away from you, not contacting you, or surrendering firearms for up to 12 months. While it is not a criminal conviction, breaching a peace bond is a criminal offence.

Step 5: The Court Process for Harassment Charges

If police decide to move forward with charges, the case enters the Ontario criminal court system. The Crown Attorney will decide whether to proceed based on the strength of the evidence. To convict someone of criminal harassment, the Crown must prove beyond a reasonable doubt that the accused engaged in prohibited conduct, that you were harassed, that you feared for your safety, and that this fear was reasonable. You may need to testify in court, and your documented evidence will be crucial. If found guilty, the accused may face penalties such as fines, probation, or imprisonment, depending on the severity and circumstances of the offence.

Step 6: Protecting Yourself During the Process

If you are trying to have someone charged with harassment in Ontario, it is equally important to take measures to protect yourself during the legal process. Ensure that you comply with any police safety plans or restraining conditions that are in place. Inform friends, neighbours, and your workplace of the situation so they can help monitor for breaches of conditions. Victim services in Ontario can provide support, counselling, and assistance with court appearances. Always report any new threats or violations to police immediately.

Evidence That Helps Support Harassment Charges

Strong, credible evidence is critical when you are trying to have someone charged with harassment in Ontario. The best evidence includes text or email records showing repeated unwanted communication, screenshots of threatening social media messages, eyewitness accounts, or video footage showing stalking behaviour. Keeping a consistent and detailed log of incidents helps establish the timeline and pattern of conduct that defines harassment. Avoid deleting messages or blocking the person too soon, as it can prevent police from verifying the harassment trail.

What If Police Won’t Lay Harassment Charges?

In some cases, police may determine there are insufficient grounds to charge someone with harassment. If that happens, you can request to speak to a supervisor or duty officer for clarification. Another option is to file a private information before a Justice of the Peace at your local courthouse, which allows a citizen to ask the court directly to consider charges. This process is complex and requires strong evidence, so it’s best to seek legal advice before proceeding. Even without charges, peace bonds and restraining orders can still provide legal protection.

Why You Should Contact a Criminal Lawyer

Knowing how someone is charged with harassment in Ontario is only part of the process—having legal support ensures your rights are protected. A criminal lawyer can help you prepare your evidence, communicate with police, and represent your interests. Harassment cases often involve complex emotional and evidentiary issues, especially when the accused is an acquaintance or former partner. If you believe you are being harassed or have been accused of harassment, contact De Boyrie Law for guidance. Contact us now to schedule a confidential consultation.