I’ve been charged with Criminal Harassment but all I did was call my ex-girlfriend a few times. How is that harassment?

If, without the other person wanting it, someone repeatedly communicates with a person (by phone, in person, email, online, etc…) or someone known to them, that can be considered criminal harassment. Following someone from one place to another can also be considered harassment. Watching the house where that person lives, or his/her work can be considered criminal harassment.

The definition of harassment can be found in Section 264 of the Criminal Code of Canada. To be convicted of criminal harassment, you must have known, or been reckless in failing to know, that the person is being harassed by the conduct. The person alleging the harassment must also reasonably, in all the circumstances, have cause to fear for his or her safety, or the safety of someone else, due to the other person’s conduct. Therefore, simply calling someone to see how they are doing is not normally harassment. The circumstances surrounding the call will often be looked at to determine if it could be seen as harassing.

Potential Penalty:

i) If the Crown proceeds by way of Indictment, the maximum jail sentence allowed is 5 years.

ii) If the Crown proceeds by way of a summary conviction, the maximum jail sentence is 6 months.