Criminal Harassment Charges in Ontario
Published October 27, 2025
Criminal harassment — commonly referred to as stalking — is a serious offence under Canadian law. The charge captures a range of persistent, unwanted behaviours that cause another person to reasonably fear for their safety. While popular understanding often associates stalking with dramatic scenarios, the reality is that criminal harassment charges frequently arise from the breakdown of personal relationships, workplace conflicts, and disputes between acquaintances.
This article examines the legal elements of criminal harassment in Ontario, the types of conduct that can lead to charges, the potential penalties, and the defences that may be available.
The Legal Definition of Criminal Harassment
Criminal harassment is defined in section 264 of the Criminal Code. A person commits the offence when they engage in conduct described in the section and that conduct causes the complainant to reasonably, in all the circumstances, fear for their safety or the safety of anyone known to them.
The prohibited conduct includes:
- Repeatedly following the complainant or anyone known to them from place to place
- Repeatedly communicating with the complainant or anyone known to them, directly or indirectly
- Besetting or watching the dwelling-house, workplace, school, or any other place where the complainant or anyone known to them resides, works, carries on business, or happens to be
- Engaging in threatening conduct directed at the complainant or any member of their family
The Crown must prove three elements beyond a reasonable doubt: first, that the accused engaged in one of the listed forms of conduct; second, that the accused knew or was reckless as to whether the complainant was harassed by the conduct; and third, that the conduct caused the complainant to reasonably fear for their safety or the safety of someone known to them.
The word "repeatedly" is significant. A single communication or a single instance of following someone does not, on its own, establish the offence. The conduct must demonstrate a pattern or persistence, though the threshold for what constitutes "repeated" conduct is relatively low — courts have found as few as two instances sufficient in some circumstances.
Common Scenarios Leading to Charges
Criminal harassment charges in Ontario most frequently arise in the following contexts:
Relationship breakdowns: The end of a romantic relationship is the most common backdrop for criminal harassment charges. Repeated phone calls, text messages, social media contact, showing up at a former partner's home or workplace, or contacting them through mutual friends can all form the basis of a charge. When combined with domestic assault allegations, the situation becomes more legally complex.
Digital communications: The expansion of digital communication has broadened the scope of criminal harassment. Persistent emails, text messages, social media messages, creation of fake profiles to monitor someone, and repeated contact through various platforms can all constitute criminal harassment. Courts have recognized that digital harassment can be just as distressing as in-person contact.
Workplace disputes: Conflicts between coworkers, disputes with former employers, or obsessive attention directed at colleagues can lead to criminal harassment charges, particularly where the behaviour continues after the complainant has made clear that the contact is unwelcome.
Neighbour conflicts: Prolonged disputes between neighbours — involving surveillance, following, repeated complaints, or threatening behaviour — occasionally escalate to the point where criminal harassment charges are laid.
Penalties for Criminal Harassment
Criminal harassment is a hybrid offence. When prosecuted by indictment, the maximum penalty is 10 years imprisonment. On summary conviction, the maximum is two years less a day.
Sentencing depends on numerous factors, including the nature and duration of the harassment, the relationship between the parties, whether the accused breached any existing court orders (such as no-contact conditions), the impact on the complainant, and the accused's criminal history.
For first-time offenders where the conduct, while persistent, did not involve threats of violence, outcomes may include conditional discharges, suspended sentences with probation, or peace bonds. In more serious cases — particularly those involving threats, violence, breaches of court orders, or prolonged campaigns of harassment — custodial sentences are imposed.
In addition to the sentence, a conviction for criminal harassment results in a criminal record with all its attendant consequences. Courts also frequently impose ancillary orders, including no-contact orders, weapons prohibitions, and DNA orders in specified circumstances.
Defences to Criminal Harassment
Defending a criminal harassment charge requires a careful analysis of the evidence and the specific elements of the offence. Several defences may be available:
The conduct was not repeated or persistent: If the Crown cannot prove a pattern of conduct — that the accused repeatedly followed, communicated with, or watched the complainant — the offence is not made out. Isolated incidents, while potentially unpleasant, may not meet the legal threshold.
The complainant's fear was not reasonable: The complainant must have feared for their safety, and that fear must be objectively reasonable in all the circumstances. If the conduct, viewed objectively, would not cause a reasonable person to fear for their safety, this element is not established.
Lack of knowledge: The accused must have known or been reckless as to whether the complainant was harassed. If the accused had no reason to know that their conduct was unwelcome — for example, if no clear request to cease contact had been communicated — this element may be challenged.
Legitimate purpose: In some cases, the accused's conduct may have a legitimate purpose that negates the inference of harassment. For example, a person exercising lawful rights in a custody dispute, a journalist conducting an investigation, or a debt collector performing lawful functions may have a defence based on the purpose of their contact.
Charter issues: If the investigation involved violations of the accused's Charter rights — improper interception of communications, warrantless searches of devices, or denial of the right to counsel — evidence may be excluded, potentially undermining the Crown's case.
Navigating the Charges
Criminal harassment charges carry significant personal and professional consequences. The stigma associated with a stalking allegation can affect relationships, employment, and reputation even before a case reaches trial. Strict bail conditions — including no-contact orders and geographic restrictions — are routinely imposed and can disrupt daily life significantly.
If you are facing criminal harassment charges in Ontario, obtaining legal representation early is essential. A defence lawyer can review the evidence, identify weaknesses in the Crown's case, negotiate with the Crown on resolution, and prepare for trial if necessary. Many criminal harassment cases turn on the specific details of the communications and conduct involved, making thorough disclosure review critical.
Contact a criminal defence lawyer to discuss your criminal harassment charges and begin building a defence tailored to the specific facts of your case.
For the text of the criminal harassment provisions, see section 264 of the Criminal Code of Canada.