How to Charge Someone with Harassment in Ontario: The Facts

Last updated: Oct 27, 2025

Learn the facts about how to have someone charged with harassment in Ontario from an experienced criminal lawyer, Alex De Boyrie.

Harassment is a serious issue, and if you have been a victim of harassment in Ontario, it is important to know how to take action against the perpetrator. This article will cover the steps to have someone charged with harassment in Ontario, as well as the potential penalties that the accused may face. If you are looking for legal advice regarding a harassment charge, it is important to speak to a criminal lawyer in Toronto who specializes in this area of law.

What is Harassment?

Before we dive into the process of charging someone with harassment in Ontario, it is important to understand what harassment is. Harassment is defined as any unwanted behaviour that offends, humiliates, or intimidates an individual. This behaviour can be physical, verbal, or written, and can occur in person or online.

In Canada, harassment is addressed under section 264 of the Criminal Code, known as criminal harassment. For an act to qualify, the behaviour must cause the victim to reasonably fear for their safety or the safety of someone they know. Importantly, even if no physical violence occurs, persistent unwanted communication or stalking behaviour can meet the legal threshold.

Examples of harassment can include:

• Repeated phone calls, text messages, or emails despite being asked to stop

• Unwanted physical contact, such as touching or hugging

• Stalking or following someone home, to work, or to public places

• Sending threatening or degrading messages

• Making unwanted sexual comments or advances

• Showing up at someone’s residence or workplace uninvited

Harassment can have a serious impact on a victim’s mental health, sense of safety, and overall wellbeing. It may lead to anxiety, depression, or fear of leaving one’s home. Because of this, law enforcement in Ontario treats these allegations seriously, and victims are encouraged to report incidents as soon as possible.

How to Charge Someone with Harassment in Ontario

If you have been a victim of harassment in Ontario, or if you have witnessed someone else being harassed, there are several steps that can be taken to have the perpetrator charged with harassment. These steps are important both for your safety and to ensure that sufficient evidence exists for police to proceed.

Document the Harassment

The first step in charging someone with harassment is to document the behaviour thoroughly. Keeping accurate records provides essential evidence if the matter reaches the police or the courts.

Include the following in your documentation:

• Dates, times, and locations of each incident

• Screenshots or copies of messages, emails, or social media posts

• Photographs of physical evidence, such as letters or gifts

• Names and contact details of any witnesses who saw or heard the harassment

If the harassment is occurring online, use a secure backup method to store screenshots or recordings, as posts can be deleted by the perpetrator. Documenting your experiences not only strengthens your case but can also help establish a pattern of ongoing behaviour that qualifies as harassment under the Criminal Code.

Contact the Police

Once you have documented the harassment, the next step is to contact your local police service. You can visit a police station in person or, in some jurisdictions, submit an online report. Provide all of your documentation, including text messages, emails, and witness statements.

The police will review the evidence and determine if the suspect’s conduct meets the criteria for criminal harassment. If there is sufficient evidence, the police may proceed to lay charges under section 264 of the Criminal Code of Canada. In some cases, the police may issue a warning to the alleged harasser before laying formal charges, depending on the nature and severity of the behaviour.

Apply for a Peace Bond

If you fear for your safety, even if criminal charges have not yet been laid, you can apply for a peace bond under section 810 of the Criminal Code. This is a legal order requiring the accused to “keep the peace and be of good behaviour.” It may include conditions such as avoiding contact with you or staying away from your home and workplace.

To apply, you must visit a courthouse and speak to a justice of the peace. You’ll be asked to provide a sworn statement explaining why you fear for your safety and what evidence supports your concern. If granted, the peace bond typically lasts for up to 12 months. If the accused breaches the peace bond, they can face additional criminal charges and possible jail time.

Press Charges

If the police investigation uncovers sufficient evidence of harassment, formal charges can be laid against the accused. In most cases, the Crown prosecutor reviews the evidence provided by the police and decides whether there is a reasonable prospect of conviction.

Once charges are approved, the accused will either be released with specific conditions (such as avoiding contact with you) or held for a bail hearing. Throughout this process, a criminal lawyer can advocate for your interests, ensure your rights are protected, and guide you on what to expect as the case progresses.

Potential Penalties for Harassment in Ontario

If someone is charged with harassment in Ontario, they may face a range of penalties depending on the seriousness of the offence and the presence of aggravating factors.

Criminal harassment is considered a hybrid offence, meaning it can be prosecuted either summarily (for less serious cases) or by indictment (for more serious ones).

The potential penalties include:

• Fines or probation for less severe cases

• Imprisonment for up to 10 years if the Crown proceeds by indictment

• Court-ordered counselling or rehabilitation programs

• Restrictions on contacting or approaching the victim

A conviction can also have long-term consequences, such as a criminal record, difficulty securing employment, and restrictions on travel or professional licensing. Even if jail time is not imposed, probation or peace bond conditions can significantly affect a person’s freedom and daily life.

How to Charge Someone with Harassment in Ontario

Harassment is never acceptable, and it is important to take a stand against this behaviour. If you are being harassed or have witnessed harassment, remember that taking prompt action is critical. Reporting to police early and providing thorough documentation can prevent further harm and strengthen your case.

You do not need to face the process alone. Speaking with a criminal lawyer in Ontario can help ensure the evidence you provide is organized, the right legal procedures are followed, and your rights are protected throughout the investigation.

Defences to Harassment Charges

If you are facing charges of harassment in Ontario, it is important to speak to a criminal lawyer in Toronto who can advise you on the best defence strategy. Harassment cases can be complex, and the outcome often depends on intent, communication context, and the reasonableness of the alleged victim’s fear.

Some common defences to harassment charges include:

• Consent: If the alleged victim consented to the contact or interaction, the conduct may not meet the legal definition of harassment.

• Mistaken Belief: If the accused reasonably believed their communication was welcome or necessary, it may form a valid defence.

• Freedom of Expression: In some situations, the accused’s actions may fall within the protections of the Canadian Charter of Rights and Freedoms, though this defence is applied narrowly.

• Insufficient Evidence: The Crown must prove a pattern of behaviour that caused a reasonable fear beyond a reasonable doubt. If evidence is inconsistent or minimal, the charges may not hold.

Every harassment case is unique, and the best defence depends on the facts, evidence, and context. Early legal representation can make a significant difference in achieving a favourable result.

Conclusion

Harassment is a serious issue that can cause lasting emotional and psychological harm. If you have been a victim of harassment in Ontario, it is important to take action by documenting the behaviour, contacting the police, and exploring your legal options. The justice system offers tools such as peace bonds and criminal charges to help protect victims and hold offenders accountable.

If you are facing harassment charges, securing experienced legal representation is equally important. A criminal lawyer can assess your case, identify potential defences, and guide you through every stage of the process.

Contact us now to schedule a free, confidential consultation.