The Legal Definition of Harassment in Ontario

Understanding the Legal Definition of Harassment in Ontario

The legal definition of harassment in Ontario varies depending on the law being applied—criminal, human rights, or workplace safety. Harassment is generally understood as unwelcome behaviour that causes another person to feel threatened, distressed, or intimidated. It can occur in personal relationships, workplaces, or public settings and can have serious legal consequences. Knowing how harassment is defined under Ontario law is essential for understanding your rights and obligations.

Criminal Harassment Under the Criminal Code of Canada

One of the most recognized applications of the legal definition of harassment in Ontario comes from section 264 of the Criminal Code of Canada, which defines criminal harassment. This section makes it a criminal offence to engage in repeated or threatening conduct that causes another person to fear for their safety or the safety of someone they know.

Criminal harassment can include:

• Repeatedly following a person or someone close to them

• Constantly contacting or messaging them without consent

• Watching or monitoring their home or workplace

• Engaging in threatening or intimidating behaviour

To meet the legal definition, the victim must reasonably fear for their safety, and the accused must have known—or been reckless as to whether—their conduct caused that fear.

Criminal harassment is treated as a hybrid offence, meaning the Crown can proceed summarily or by indictment. Penalties range from fines and probation to imprisonment for up to ten years. You can review more on this under the Criminal Code of Canada, section 264.

The Human Rights Code and the Legal Definition of Harassment in Ontario

The Ontario Human Rights Code also provides a legal definition of harassment, focusing on discriminatory behaviour in housing, employment, and services. Section 10(1) of the Code defines harassment as:

“Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.”

Under the Human Rights Code, harassment often involves discrimination based on protected grounds such as:

• Race, ancestry, or place of origin

• Sex, sexual orientation, or gender identity

• Age, disability, or family status

• Creed or religion

For example, repeatedly making offensive jokes about a co-worker’s gender or ethnicity meets the legal definition of harassment in Ontario under the Code. Victims do not need to prove fear for safety—only that the behaviour was unwelcome and discriminatory.

More information is available through the Ontario Human Rights Commission.

Workplace Harassment Under the Occupational Health and Safety Act

The Occupational Health and Safety Act (OHSA) provides another legal definition of harassment in Ontario specific to workplaces. Section 1(1) defines workplace harassment 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 both general harassment and workplace sexual harassment, which covers unwelcome conduct or comments of a sexual nature.

Employers have legal obligations under the OHSA to:

• Develop and maintain an anti-harassment policy and procedure

• Train employees on recognizing and reporting harassment

• Investigate all complaints thoroughly and confidentially

Failure to comply with these duties can result in Ministry of Labour penalties and civil liability. Learn more about this definition at Ontario’s Ministry of Labour website.

Key Elements That Define Harassment in Ontario

While the legal definition of harassment in Ontario differs slightly between statutes, several core elements remain consistent:

• Repeated or ongoing behaviour: Harassment generally involves a pattern, though a single serious act may suffice.

• Unwelcome conduct: The victim must find the behaviour unwanted or inappropriate.

• Impact on the victim: The behaviour must cause fear, distress, humiliation, or harm.

• Knowledge or recklessness: The perpetrator knew—or should have known—the conduct was unwelcome.

Common Examples of Harassment in Ontario

Real-world scenarios that fall under the legal definition of harassment in Ontario include:

• A former partner repeatedly contacting you despite requests to stop

• A co-worker making offensive jokes about your religion or disability

• A landlord making inappropriate comments in exchange for rent benefits

• Repeated online communication that intimidates or threatens you

These examples show that harassment can occur in both private and professional contexts. Each may trigger different legal remedies—criminal, civil, or workplace-based.

Defending Against Harassment Allegations

Facing an allegation under the legal definition of harassment in Ontario can be overwhelming. Common defences include:

• Lack of intent: The accused did not intend to cause fear or distress

• No reasonable fear: The complainant’s fear was not objectively reasonable

• Freedom of expression: The actions were not threatening or vexatious

• Mistaken identity: The accused was not responsible for the conduct

A criminal defence lawyer can assess the evidence, identify weaknesses in the Crown’s case, and argue for reduced or dismissed charges.

Consequences of Harassment Convictions in Ontario

A harassment conviction can lead to serious long-term consequences, including:

• Jail time or probation

• A permanent criminal record

• Travel or immigration restrictions

• Damage to employment and personal reputation
  Even without conviction, restraining orders or no-contact conditions can limit personal freedoms.

Seeking Legal Help for Harassment in Ontario

If you believe you are being harassed—or if you are accused under the legal definition of harassment in Ontario—it is important to seek professional advice immediately. Harassment laws are complex and context-specific, and a lawyer can help determine the best course of action for your situation.

Contact us now to schedule a free, confidential consultation with De Boyrie Law and get the legal support you need.