Understanding Criminal Harassment Charges in Ontario

What Is Considered Criminal Harassment Under Ontario Law?

Criminal harassment can be considered stalking and is a crime under Section 264 of the Canadian Criminal Code.

The statute forbids some behaviour directed at any individual where the offender is trying to harass the victim, the offender knows that their actions are harassing, or is reckless as to whether their actions are harassing.

Moreover, the behaviour in question must lack legal justification. Additionally, it must be such that the individual has reason to believe that their personal or known others’ security is in danger.

As an illustration, there may be cases when one person communicates again and again to their former partner despite being asked to desist. When the communications turn out to be very intimidatory and include monitoring attempts by the person, they can become grounds for harassment.

Still, a mere argument or a communication does not suffice for harassment.

What Must the Crown Prove in a Criminal Harassment Case?

For conduct governed by the amended law, the prosecution must establish several elements beyond a reasonable doubt:

1. The accused engaged in conduct covered by Section 264.
2. The conduct occurred without lawful authority.
3. The accused intended to harass the person, knew the conduct would be harassing, or was reckless about that possibility.
4. Considering all the circumstances, the conduct could reasonably be expected to cause the person to believe their safety, or the safety of someone known to them, was threatened.

What Changed Under Canada’s Criminal Harassment Laws in July 2026?

Prior to July 18, 2026, Section 264 required that there be evidence that the complainant feared for their safety and that this fear was a reasonable one.

The new provision sets a different standard. The standard is whether it was a reasonable expectation that the actions of the accused would lead the complainant to believe that their safety was being threatened. This means that it is no longer necessary to prove actual fear in the manner previously outlined.

It should be noted that criminal harassment may include the monitoring of the complainant’s whereabouts, activities, or social contacts.

Section 264(6) explicitly states that personal safety includes psychological safety.

This amendment is especially significant in cases where electronic communications or surveillance are used by the accused or where the actions of the accused do not constitute an act of physical violence.

Where the allegations of criminal harassment arise out of actions prior to the amendment, the relevant section of the Criminal Code must be considered.

What Types of Behaviour Can Lead to Criminal Harassment Charges?

Repeated Phone Calls, Text Messages, and Social Media Contact

Communication on a persistent basis is one of the problems encountered during investigations into charges of criminal harassment.

Communication can take place in the form of phone calls, texts, emails, social media, and instant messages.

Consider, for instance, a situation where someone sends numerous texts to his/her ex-partner after the relationship has ended.

Initially, the texts will contain requests for an additional discussion. Later, the content of the texts becomes more threatening and makes reference to the activities of the recipient and how well the sender knows where they have been.

Indirect communication can also be considered by investigators since the law provides for it.

Can Unwanted Messages After a Breakup Lead to Criminal Harassment Charges?

Yes, depending on the circumstances.

Breaking up with someone doesn’t mean that all subsequent communications will become illegal acts. Sometimes there are valid grounds for contacting one’s ex-partner especially if there are children, shared property, or finances involved.

But sending messages to an individual in a way that satisfies the criteria set out in Section 264 could result in criminal prosecution.

The individual who was asked to cease communication must respect this request.

If the order of no contact is already in effect, then the situation changes. It means that communicating in violation of this order can be a criminal act regardless of whether the message is friendly or apologetic. Understanding why bail and release conditions matter after criminal charges can be important where a no-contact condition applies.

Following, Tracking, or Monitoring Another Person

Stalking a person from one place to another has always been within the scope of Canada’s criminal harassment legislation.

In addition to this, the July 2026 amendments have specifically included the act of tracking another individual’s location, movements, behaviour, or social interactions.

This becomes especially important in cases where technology has been used.

For instance, an individual could be charged for using a location-tracking app to track a former lover without his or her consent. In another case, it could be a matter of stalking an individual’s activities and intimidating him or her based on the collected data.

Is Checking Someone’s Social Media Account Considered Criminal Harassment?

Not automatically.

Accessing information available on social media through a public account does not, on its own, satisfy all the elements of criminal harassment.

The elements that the court must take into account include the conduct, the intent of the accused, and the circumstances meeting the safety threshold.

For example, viewing a public account now and then differs from stalking someone’s activities, showing up where he goes, and sending him messages implying that he is being stalked.

Watching Someone’s Home, Workplace, or Threatening Their Safety

Section 264 deals with watching or besetting any places where the other person works, lives, carries out business, or is at that time.

Think about the case of a person who often visits the place of his/her ex-spouse’s work without any legitimate reason.

Employees see him/her loitering around the entrance of the place and the former spouse begins receiving messages regarding his/her coming and leaving.

It is investigated whether the occurrences are related and whether his/her behaviour satisfies the criteria of criminal harassment.

The accused can claim that he/she happened to be there coincidentally or had some legal reasons.

Do Threats Have to Involve Physical Violence?

Not necessarily.

The amended statute explicitly acknowledges psychological safety. It also encompasses threats made against persons or animals that are known to the complainant.

For instance, a threat to hurt a person’s pet may become part of a case of criminal harassment.

The act need not include any physical contact, injury, or even an express threat to murder the victim.

However, there should be enough evidence to prove the elements of criminal harassment.

Depending on the circumstances, threatening statements may also lead to separate uttering threats charges in Ontario.

What Happens After Someone Reports Criminal Harassment to Police in Ontario?

What Evidence Do Police Examine in Criminal Harassment Investigations?

Depending on the allegation, investigators may review:

• Text messages, emails, and social media conversations.
• Call records showing the timing and frequency of communication.
• Screenshots of alleged threats or unwanted messages.
• Security camera footage from homes, workplaces, or public areas.
• GPS information and other digital location records.
• Statements from witnesses who observed relevant incidents.
• Previous police reports involving the same individuals.

For instance, the complainant may provide screenshots of messages that have been exchanged over many weeks.

The police can interview the accused and determine whether there is an appropriate context to the messages. Anyone being questioned should understand the potential consequences of talking to police without a lawyer.

Can Police Lay Criminal Harassment Charges Without Arresting Someone?

Yes.

Depending on the circumstances, police may release an accused person with documents requiring them to appear in court.

In other cases, an arrest may occur because of concerns about public safety, continued contact, identity, or attendance in court.

The decision depends on the applicable legal requirements and the facts of the investigation.

Someone being charged with a crime should carefully review the court documents and any release conditions provided by police.

Can You Contact the Complainant to Apologize or Explain What Happened?

If there is a no-contact order, making contact will constitute a violation of the order regardless of the reason for doing so.

An apology or attempt to reconcile, even if done through someone else, could lead to legal issues if the order forbids the communication.

The complainant cannot unilaterally rescind a court-ordered or any other no-contact order merely by agreeing to communicate.

Any necessary communication regarding children, property, and other issues must be done legally.

Can the Complainant Withdraw Criminal Harassment Charges?

The complainant cannot have control on whether a prosecution process will continue.

If the crime takes place in Ontario, it is the decision of the Crown Prosecutor to prosecute, abandon, or conclude charges.

Even if the complainant informs the police or the Crown Prosecutor that they no longer want to be involved, the matter does not get automatically resolved.

The Crown has to make their decisions depending on the evidence and the public interest.

Such an issue becomes even more important when the complaints involve intimate acquaintances.

What Are the Penalties for Criminal Harassment in Ontario?

Criminal harassment is a hybrid offence under Section 264 of the Criminal Code.

This means the Crown may proceed by summary conviction or indictment.

The method of prosecution affects the potential maximum sentence and certain procedural rules.

These are maximum statutory penalties, not automatic sentences.

An individual convicted of criminal harassment may receive a different sentence depending on the seriousness of the conduct, their criminal history, and other relevant circumstances.

Can You Go to Jail for a First Criminal Harassment Offence?

Yes. A first-time offender can receive a custodial sentence.

What Makes a Criminal Harassment Offence More Serious?

Several factors may affect sentencing, including:

• Persistent or escalating behaviour over an extended period.
• Threats involving the complainant or people close to them.
• Previous convictions or relevant criminal history.
• The impact of the conduct on the complainant.
• Whether the offence involved an intimate partner.
• Whether the accused violated an existing court order.

If the matter proceeds, understanding the criminal court process can help an accused person know what may happen at later stages of the case.

Facing Criminal Harassment Charges in Ontario?

A charge of criminal harassment could impact your employment, reputation, relationships, and future prospects. Knowing the elements required for a charge and getting advice will assist you in making decisions on how to defend yourself.

If you are facing stalking or criminal harassment allegations, speak with an experienced criminal harassment defence lawyer to discuss your circumstances. Information about when to contact a criminal lawyer may also help you understand when to seek legal advice.