Criminal Harassment Lawyers in Calgary
Criminal Harassment is covered under s.264 of the Criminal Code.
Criminal Harassment refers to any conduct that causes a person to fear for their safety or the safety of someone who is close to them. It includes any act carried out with the intent to control or frighten a person or someone who is close to them.
Key Takeaways
- The severity of a criminal harassment charge is dependent on whether or not the accused is to be convicted summarily or by indictment.
- A convicted person can be incarcerated for 2 – 10 years, and maybe liable to a maximum fine of $5,000.
- Bail Conditions may include house arrest, curfew, restriction of access to the alleged victim and his/her environment, and restrictions to possession of weapons and firearms.
- Criminal harassment charges can be beaten with the help of the quality defence put up by a Lawyer on behalf of the accused
How can a Criminal Harassment Lawyer in Calgary help?
Our team of experienced criminal defence lawyers are skilled at navigating the criminal justice system and court process, aiding our clients to receive a preferable outcome.
If you are under investigation but not yet charged with a criminal offence, a lawyer will represent you by offering pre-charge legal advice. This is advantageous as it provides you with information about your constitutional rights as well as how to interact with law enforcement agents and prosecutors.
Your lawyer will review the case to determine the Crown’s evidence and recommend strategies during court proceedings. A lawyer can also protect you from making self-incriminating statements.
For effective representation during trial, a lawyer will gather evidence, conduct interviews, collect witness statements, and retain expert witnesses where necessary.
Criminal Harassment Charge in the Criminal Code of Canada
Criminal harassment, identified in lay terms as stalking, is any act or behaviour involving repeated and unwanted communication (such as phone calls or messages), following, or watching over a person, usually leading to a feeling of intimidation or fear for personal safety.
A criminal harassment charge can be filed by anyone who believes that theirs or the lives and personal safety of their loved ones is being threatened by the repeated unwanted activity of the suspect.
According to s.264 of the Criminal Code:
Criminal harassment
(1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) engaging in threatening conduct directed at the other person or any member of their family.
Examples of Criminal Harassment Charges
A person can be charged with criminal harassment if s/he engages in any of the following behaviours:
- Leaving threatening and unwanted messages and voicemails as well as sending unsolicited gifts to a person or someone close to them
- Repeated and persistent contact on the internet e.g. sending unsolicited emails, messages and pictures
- Illicit following and/or paying uninvited visits
- Relentless calls to a person or someone close to them
- Vandalizing a person’s property, kidnapping or holding them or someone close to them hostage
A person can be charged for criminal harassment even if they acted under a wrong assumption of a mutually consenting relationship between themselves and the other party.
Consequences of a Criminal Harassment Charge
A criminal harassment charge is considered a hybrid offence with a Crown Election in Calgary. This implies that the Crown can decide to proceed either by summary conviction or by indictment depending on the peculiarities of the case such as the gravity of the offence and the existing criminal record of the accused.
A conviction by indictment usually carries a weightier penalty. An offence under indictment is punishable by a maximum imprisonment of 10 years. However, if the accused is convicted summarily, pursuant to the General penalty guidelines in s.787(1), the person may be liable to a maximum fine of $5,000 or to prison term of 2 years less a day, or to both.
A criminal harassment penalty can be aggravated if it is ascertained that the accused violated a peace bond or prior restraining order. Furthermore, sexual harassment and work place harassment though not criminal offences on their own, can also incur a criminal charge if the circumstances fulfill grounds for criminal harassment charges.
Apart from the evident legal penalties that may arise after prosecution, a criminal harassment charge could also have a negative impact on people’s perception of the character of the accused. This may consequently result in loss of licence, and difficulty working with certain populations such as children or vulnerable adults, as well as hindrances to travel and immigration.
Criminal Harassment Defences
Though every case is different and is examined on the basis of the specific circumstances surrounding the case, the best strategy for defence in a criminal harassment case is to prove that the basis for the fear of the complainant was caused by circumstances not related to the actions or presence of the accused.
To achieve this, the Lawyer will have to leverage on the pre-existing relationship between both parties as well as their communication history as a proof that there is no basis for a perception of fear or intimidation in the particular instance.
Some common defence strategies are:
- Factual Innocence: In some cases, the accused may truly be innocent of the crime in the sense that the evidence and facts as presented do not support the possibility of the accused’s presence at the time or venue of the incident, or that there were no acts carried out by them that could be interpreted as harassment. This is actually the best defence strategy to employ provided that the lawyer is able to provide strong corroborative evidence to support the claim.
- Identity: This strategy can be used in areas where there is no surveillance footage, or the person in the footage cannot be clearly identified due to poor picture quality. In this case, the Lawyer may insist that the accused has been mistaken for the perpetrator due to the poor quality of the footage. However, this strategy requires that the accused has a strong verifiable alibi as to where s/he was at the time of the incident.
- Lawful Authority: This applies to persons such as debt collectors, law enforcement agents or peace officers who are constitutionally empowered to do so. For instance, if proven that a call was put across by a debt collector for owed funds, or a visit was made by a Law enforcement agent on the line of duty, these acts cannot be classified criminal harassment.
- Unreasonable Fear/No Intent to cause Fear: A Lawyer may also want to prove that the accused was not aware that his actions had the potential to cause fear or intimidation in the complainant, or that the complainant’s fear is unreasonable given the pre-existing relationship between both parties.
- Violation of Constitutional Rights: The Constitutional Charter of Rights & Freedoms outlines the rights and freedoms of all persons residing in Canada. A lawyer can make a strong case for the accused if it can be proven that the accused was not informed of his rights by the Law enforcement agents, or that any of the rights so prescribed has been violated before, during, or after arrest.
Criminal Harassment Charge Investigation
Investigation into a criminal harassment case usually begins when a complaint is made at the Local Police Station by the complainant, and a written statement is obtained from the complainant and any available witnesses. Based on the statements provided, the Police assume the burden of finding evidence that corroborates the victim’s claims by launching an investigation.
The investigation process typically involves conducting interviews on witnesses, as well as diligent study of surveillance footages to ascertain that the accused is present and conducting him/herself in a manner that may be threatening or may be regarded as harassment towards the complainant.
In most cases, the Police may also have to visit the crime scene to take photographs, as well as scout for and seize any physical/ forensic evidence that may be helpful to the case, such as personal belongings, etc.
Thereafter, the suspect will be arrested and charged to court if s/he is present at the crime scene, or a warrant for arrest will be issued. Finally, a disclosure package containing the information gathered by the Police will be made available by the Crown to the accused through the Lawyer representing him/her.
Bail Conditions for Criminal Harassment Charges
A person charged with criminal harassment may be released on bail at the crime scene through a release order if the accused is willing to sign a promise to appear document usually issued by the Police. However, in cases where the accused has a pre-existing criminal record, a bail hearing may be necessary and must hold within 24 hours upon arrest.
A person may be granted bail after careful consideration of their criminal history, the nature of criminal harassment involved, the likelihood that the person will flee, as well as the physical and mental condition of the person.
If Bail is granted, certain restrictions may be imposed such as barring of access to the victim and his/her environment, house arrest, curfew, restriction to possession of a weapon, as well as travel restrictions. Other conditions such as reporting to a probation office, restrictions to alcohol or drug use, or attending counseling may also be imposed by the Judge depending on the peculiarity of the case.
Frequently Asked Questions: Criminal Harassment
Will a criminal harassment charge show on my criminal record?
Yes, a criminal harassment charge will be visible and accessible to Law enforcement agencies, and other organizations who may need background checks before engaging a person.
Can I travel when a criminal harassment case is ongoing?
The Canadian Law does not place any restrictions on travel during trial as the accused has not yet been convicted of the crime. However, travel restrictions may be imposed on the person during bail to ensure that the person remains within the jurisdiction of the case and does not flee.
Can I go to jail for criminal harassment charges?
A person who is convicted for Criminal Harassment may be sent to jail for a period of 2 – 10 years depending on the severity of the charge. The person may also receive a fine of up to $5,000 if convicted.
Do I have to tell my employer about my criminal harassment charges?
The decision to disclose one’s criminal charges to their employer is dependent on a number of factors such as the nature of the job, office policies, and the nature of the employment contract. It may also be necessary to disclose criminal charges if the bail conditions will impact the ability to carry out responsibilities on the job. Where none of these apply, the accused may decide to withhold the information after seeking legal guidance to ascertain their obligations as regards disclosure.
Related Offences
Assault: Assault refers to any act intentionally perpetrated with the intention to apply force directly or indirectly on another person either with a weapon or an imitation
Aggravated Assault: This happens when the life of another person is endangered either by wounding, maiming, or disfiguring them.
Attempted Murder: Attempted murder refers to anyone who by any means tries to commit murder.
Choking Charge: A choking charge refers to the act of choking, strangling, suffocating, or incapacitating another person in order to commit another offence
Criminal Confinement: This is a Kidnapping-related offence, involving imprisoning, forcibly confining or seizing another person without legal authorization do so. The victim does not have to be relocated for a charge to be made.
Domestic Violence: Domestic violence refers to cases of assault involving two related persons e.g. family members, spouses or partners.
Kidnapping: This refers to abducting a person with intent to confine or imprison them against their will, unlawfully transport them out of Canada against their will, or to hold the person for a ransom or service against their will.
Manslaughter: Manslaughter refers to any form of culpable homicide that is not classified as murder or infanticide haven been carried out in the heat of passion as a result of provocation
Resisting Arrest: This occurs when a person actively interferes with, obstructs, or makes it difficult for a peace officer to make a lawful arrest.
Uttering Threats: This refers to statements made with the intent to cause physical harm or death to someone, damage their property, or harm a bird or an animal that belongs to them.
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If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.
