Frequently Asked Questions
Frequently Asked Questions About Criminal Harassment Charges
The following answers provide general information about criminal harassment and the Canadian criminal justice process. The appropriate legal advice depends on the facts of the individual case.
What is criminal harassment in Canada?
Criminal harassment is an offence under section 264 of the Criminal Code of Canada. It involves specified conduct, such as repeated following, communication, monitoring, watching, or threatening conduct, combined with the required mental element and circumstances concerning another person's safety. The prosecution must prove the applicable legal elements beyond a reasonable doubt.
Is criminal harassment a serious criminal charge?
Yes. Criminal harassment is a criminal offence under Canadian federal law, and section 264 provides for significant potential penalties. The consequences depend on the circumstances, the applicable mode of prosecution, the evidence, and the eventual outcome. Anyone facing this type of criminal charge should obtain legal advice based on their specific circumstances.
Can text messages lead to a criminal harassment charge?
Text messages can form part of a criminal harassment allegation because section 264 includes repeated communication directly or indirectly and conduct through telecommunications. However, individual messages cannot be assessed in isolation from the surrounding circumstances. Their meaning, frequency, context, and relationship to the other evidence can all be relevant to the criminal case.
What should I do after being charged?
Follow any release or court conditions carefully and attend required court appearances. Avoid discussing the allegations publicly or contacting an alleged complainant contrary to any applicable condition. Speak with a criminal defence lawyer as early as possible so the charge, disclosure, evidence, and procedural requirements can be reviewed before important decisions are made.
Will I have a bail hearing?
Not everyone charged with criminal harassment will have the same release process. A person who is detained is entitled to a bail hearing as soon as possible, while some accused persons are released before their first appearance. Release conditions can vary, so legal advice should be obtained about the specific circumstances of the case.
Can a criminal lawyer challenge the evidence?
A criminal defence lawyer can examine whether the prosecution's evidence establishes every required element of the offence and whether the evidence was obtained and presented according to applicable law. Depending on the circumstances, the defence may challenge reliability, admissibility, interpretation, completeness, or other aspects of the evidence.
How long does a criminal harassment case take?
There is no single timeframe for a criminal harassment case. Duration can depend on the complexity of the evidence, disclosure, court availability, procedural applications, negotiations, witnesses, and whether the matter proceeds to trial. Ontario notes that an accused person may have several court appearances before a criminal case is resolved.
Should I hire a criminal defence lawyer in Brampton?
Professional legal representation can help you understand the charge, applicable criminal law, court procedures, evidence, release conditions, and available legal options. A criminal lawyer in Brampton can review the particular circumstances of your matter and provide advice tailored to the allegations and stage of the criminal justice process.