Criminal harassment occurs when an individual’s conduct, such as stalking, causes another person to reasonably fear for their safety.

If you’re charged with this offence in 2026, potential incarceration and the lifelong consequences of a permanent criminal record await. That’s a harsh price to pay for a misunderstanding, a strained relationship, or exaggerated claims.

Early legal advice is key to avoiding harsh bail terms and building a strong defence.

The Strategic Criminal Defence team is:

  • Highly experienced, having defended over 10,000 cases in the past two decades.
  • Led by a recipient of Three Best Rated® award for eight consecutive years.
  • Recognized with multiple Consumer Choice awards.
  • Backed by over 700 five-star Google reviews.

We offer clear, flat-fee pricing and flexible payment plans. Contact us for a free, no-obligation consultation to discuss your case.

Accused of criminal harassment? Follow these immediate steps:

  1. Don’t attempt to explain your actions: Silence is your strongest defence. Calgary police interviews can trick you into saying something that damages your case.
  2. Immediately cease all contact: Do not communicate with the party who made the complaint. It could make things worse.
  3. Preserve your data: Do not delete social media or texts. Your lawyer needs the full context to start building a defence.
  4. Contact a criminal defence lawyer: As soon as you can, discuss your case with a Calgary criminal harassment lawyer at Strategic Criminal Defence.

Contact us for a free, no-obligation consultation.

What is criminal harassment, and how could a conviction affect your life?

The charge of criminal harassment encompasses:

  • Repeatedly following, stalking, or watching a person.
  • Frequent unsolicited communication with a person.
  • Repeated threatening behavior toward a person.

There need be no physical contact in these cases. Any actions that cause the person to be reasonably afraid for their safety can lead to a criminal harassment charge. A conviction can result in up to ten years in prison and a permanent criminal record.

Our job as your criminal defence team is to present a reasonable explanation for your actions and prevent those severe consequences.

Common examples of actions leading to criminal harassment charges in Calgary include:

  • Texting an ex-girlfriend over and over again and driving by her house frequently, even after she’s asked you to stop.
  • Leaving repeated threatening notes on someone’s car or watching them while they do their job.
  • Creating multiple fake social media accounts to monitor a former co-worker after being fired.
  • Repeatedly following a co-worker or classmate outside of high school or work, even on their way home.

A single angry message that causes someone to fear for their safety does not meet the standard for criminal harassment but sending repeated threatening texts after being asked to stop might.

Often, we can argue for a lesser non-criminal charge to replace the criminal charge in such cases, particularly if it is your first alleged offence.

If you are charged and convicted for criminal harassment, this table summarizes the potential immediate, mid-term, and long-term consequences:

PHASE LEGAL & PERSONAL CONSEQUENCES SPECIFIC DETAILS & 2026 CONTEXT
Immediate Sentencing & Incarceration Up to 10 years for an indictable offence or 18 months for a summary conviction.
Restrictive Orders Mandatory 'no-contact' orders and 2026 GPS Monitoring bail/probation conditions.
Ancillary Orders Mandatory weapons prohibitions (often 10 years+) and mandatory DNA Databank submissions.
Mid-Term Employment Barriers Immediate suspension or termination in vulnerable sector jobs (teaching, healthcare, social work).
Family Law Impact Convictions are used as primary evidence in Alberta family courts to restrict custody or unsupervised access.
Financial Strain Legal fees, court-ordered fines, and the cost of mandatory counselling or anger management programs.
Long-Term Permanent Record A visible criminal record that appears on all standard background checks for life (unless a record suspension is granted).
Travel Restrictions Likely permanent inadmissibility to the United States and high difficulty entering countries like Japan or the UK.
Immigration Status For non-citizens, a conviction can trigger deportation proceedings or the denial of PR and citizenship applications.

Criminal harassment is a hybrid offence that the Crown can elect to proceed by:

  • Indictment for the most serious offences.
  • Summary conviction for less serious offences, which are far more common in Calgary.

The Crown’s decision will be impacted by the accused’s record and the severity of the alleged threatening actions.

Early consultation with one of our criminal harassment lawyers allows us to intervene on your behalf (often even before charges are laid) to mitigate the consequences for your future.

Diversion programs, peace bonds, or discharges can often prevent a criminal record.

Will you be released on bail for criminal harassment?

If someone alleges repeated threatening behaviour, the Calgary Police Service will investigate what happened and start gathering evidence, such as:

  • Text messages
  • Emails
  • Voicemails
  • Letters
  • Social media posts
  • Pictures
  • Surveillance footage from homes or businesses
  • Witnesses
  • Phone records

The police will talk to you and may obtain a search warrant. We can help during the investigation stage by:

  • Protecting your rights.
  • Ensuring you don’t say anything that implicates you.
  • Liaising with investigators in an attempt to prevent criminal charges.

If the police have enough evidence, you will be arrested and charged at the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2).

You may be released on an Appearance Notice or Undertaking. Alternatively, you will be detained for a bail hearing, which must be held within 24 hours of arrest, under Section 503 of the Criminal Code.

How will we help with your bail hearing?

A Strategic Criminal Defence lawyer will represent you at the bail hearing, which is usually held by video or teleconference and managed by the Alberta Court of Justice at the Calgary Courts Centre (601 5th Street SW).

Before the bail hearing, we will negotiate with the Crown for a ‘consent release’ (faster than a contested hearing).

At the hearing, we will advocate for the least restrictive conditions possible, but you will need to keep the peace and be of good behaviour, which applies to every release in Canada. You may also face the following strict conditions:

  • A no-contact order, which means no communication with the alleged victim, even by messages sent through other people.
  • ‘Red zone’ orders, meaning you must stay away from the complainant’s home, work, school, or place of worship.
  • The requirement to wear an electronic monitoring device or stay inside at night.
  • Mandatory regular check-ins with a police station or bail supervisor, and surrendering of your passport.
  • Possible counselling for mental health or anger management.

If you don’t follow these bail rules, the police can arrest and charge you with another crime and detain you until your trial. Check The Bail Hearing Process in Calgary for further information.

Can we prevent a trial for criminal harassment?

Resolution negotiations by our criminal harassment defence lawyer may resolve your charge without the need for a trial, but this is very case-dependent.

As you can see in our “Successful Cases” section below, we resolve many cases with diversion programs and peace bonds, resulting in no criminal record.

We meet with the Crown counsel to discuss potential resolutions. The Mental Health Diversion Program can prevent a criminal record for criminal harassment charges, as can a peace bond or discharge.

This table explains more:

PROGRAM / OPTION FOCUS & ELIGIBILITY TYPICAL REQUIREMENTS FINAL OUTCOME
Peace Bond (Section 810) The standard resolution, used when the Crown agrees to drop charges if the victim's safety is guaranteed. No contact with the victim, staying away from specific locations, and keeping the peace. Charges withdrawn; no criminal conviction. The bond appears on background checks for the duration (usually 1 year).
Mental Health Diversion (MHD) Cases where a mental health issue is a primary driver of the obsessive or harassing behavior. Assessment by a forensic professional and completion of a supervised treatment/therapy plan. Charges withdrawn; no criminal record. Focus is on long-term stability to prevent reoffending.
Indigenous Restorative Justice Indigenous individuals (handled via Calgary Indigenous Court / Room 1800). Engaging with Elders, participating in healing circles, and completing a culturally relevant plan. Charges withdrawn; no criminal record. Emphasizes community reconciliation.
Alternative Measures Program (AMP) Rare for harassment. But it may be used if the harassment was very minor and the offender has no record. Community service or a written apology (if the victim consents) and/or specialized counselling. Charges withdrawn; no criminal record.
Conditional Discharge Used when a 'withdrawal' isn't offered, but the judge agrees a conviction isn't in the public interest. A period of probation (1–3 years) with strict conditions (no contact, counseling). No conviction entered. After the probation period plus a waiting period (3 years), the record is scrubbed.

How will we prove your innocence in court?

If resolution negotiations cannot resolve your case, a trial date will be set, and we will defend the charge before a judge.

The Crown must prove several elements beyond a reasonable doubt:

  • The Actus Reus (The Prohibited Act): You engaged in the harassing behavior outlined in Section 264 of the Criminal Code.
  • The Mens Rea (The ‘Guilty Mind’): You either knew your conduct was harassing or were reckless as to whether it was harassing.
  • Actual Fear: The victim was actually harassed and felt fear.
  • Reasonableness: The victim’s fear was reasonable under the circumstances.

The Crown must also prove your identity as the person who committed these acts beyond a reasonable doubt.

Your criminal defence team will look for weaknesses in the Crown’s arguments and present evidence that introduces doubt to these elements.

What are the main defences to criminal harassment?

If your case proceeds to trial, we will cross-examine witnesses, raise any relevant Charter violations, and present evidence to support one or more of the following arguments to weaken the Crown’s case and strengthen your defence:

DEFENCE CATEGORY LEGAL ARGUMENT PRACTICAL EXAMPLE
Lawful Authority You had a legal right or duty to engage in the conduct (e.g., as a peace officer or process server). A private investigator following someone as part of a legitimate insurance fraud investigation.
Lack of Subjective Fear The complainant was not actually frightened by the conduct (the 'fear' element is missing). The complainant continued to initiate friendly contact or social invitations during the alleged harassment.
Unreasonable Fear Even if the person was afraid, a 'reasonable person' in their shoes would not have been. Receiving three polite, professional emails about an unpaid debt from a former business partner.
Lack of Repetition The conduct was an isolated incident and did not meet the legal threshold of 'repeatedly.' A single, long-winded argument or an accidental encounter in a public place.
Lack of Intent / Recklessness You did not know the person was harassed and had no reason to suspect your actions were causing distress. Sending messages to a blocked account without realizing the recipient was still receiving notifications and feeling distressed.
Identity / Alibi You were not the person who sent the messages or followed the complainant. Proving your social media account was hacked or providing GPS data showing you were elsewhere.

NOTE: Emergency Protection Order (EPO) transcripts can be powerful defence tools. Complainants often testify under oath during these civil hearings in Calgary. Any inconsistencies between their EPO testimony and their police statement can be used to undermine their story.

Successful criminal harassment cases

Case Number: 55422346

Our client was accused of criminal harassment following a breakup with his girlfriend of nearly four years. Initially, the police contacted our client to issue a warning, instructing him not to contact his ex-girlfriend. However, despite this warning, our client left a voicemail for his ex-girlfriend, leading to criminal harassment charges being filed against him.

Upon being retained, we promptly obtained the disclosure and conducted a comprehensive review of the evidence. This allowed us to develop a strategic approach aimed at resolving our client’s case without a criminal record. Our strategy focused on emphasizing several key points to the Crown prosecutor. Firstly, we highlighted that our client had no prior criminal record, emphasizing his positive contributions to society through his educational pursuits and involvement in extracurricular activities. Additionally, we presented evidence showcasing our client’s efforts to disengage from the complainant since the date of the offense.

As a result of our discussions and presentation of these factors, we were able to resolve our client’s matter through a peace bond enabling our client to avoid a criminal record and move forward with his life.

Successful Result: Peace Bond; Charges Withdrawn; No Criminal Record

Case Number: 62660009

Our client was charged with criminal harassment after incessantly calling his ex-girlfriend for several days following their break up, and for trying to force his way into her house when he was neither expected nor wanted there. After our client turned up at her house, our client’s ex-girlfriend called the police, and reported that our client had recently grabbed her and pushed her to the ground causing injuries to her knees.

Upon being retained, we reviewed our client’s disclosure and found a number of weaknesses and inconsistencies in the complainant’s testimony. We then sought out records of the communication between our client and his ex-girlfriend, and were able to obtain significant exculpatory evidence for our client. We were able to use this information to persuade the Crown Prosecutor to withdraw the charges against our client prior to trial, and as a result our client was able to completely avoid a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 761988

Our client was charged with Criminal Harassment after he had sent hundreds of texts messages to a high school acquaintance, and an equally large number of messages to her over social media. The messages were not only voluminous, but were disturbing in content. The complainant had asked our client to stop sending her messages on multiple occasions, and had tried blocking our client, yet he persisted in attempting to communicate with the complainant.

Upon being retained we immediately ordered disclosure and began negotiating with the Crown. Due to the strength of evidence against our client, the Crown initially wanted a guilty plea to the offence in order for a mitigated sentence. However, on the basis of our advocacy we were able to divert our client into the Mental Health Diversion Program. Upon his successful completion of the program, the charges against him were withdrawn.

Successful Outcome: Mental Health Diversion, Charges Withdrawn, No Criminal Record

Case Number: 7619881

Our client was charged with Criminal Harassment after sending hundreds of unwanted texts and emails to an acquaintance. The acquaintance did nothing to provoke our client, and was also extremely disturbed by the amount and the content of the messages. She contacted the police to bring a stop to the flood of messages, and our client was arrested and charged.

Upon being retained we sought disclosure and identified any weaknesses we could find in the case against our client. We directed our client to immediately enroll in counselling and began negotiating with the Crown Prosecutor. We were able to successfully resolve the matter by diverting our client into the Mental Health Diversion Program. Upon his successful completion of the program, the charges against our client were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55782504

Our client was charged with criminal harassment, intimidation, and uttering threats after his ex-girlfriend’s mother called the police to report an incident. It was alleged that our client showed up at his ex-girlfriend’s house with a gun and a hatchet, and he threatened suicide. The police located our client and arrested him.

Upon being retained, we ordered and reviewed our client’s disclosure. We directed him to attend mental health and relationship counselling, to provide proof of employment, and to provide reference letters from family and friends. We used these in our negotiations with the Crown Prosecutor, and we also explained our client’s circumstances and the circumstances surrounding the offence. Despite the strong evidence against our client, we strongly advocated on behalf of our client and convinced the Crown Prosecutor to withdraw all the charges. As a result, our client avoided a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 757-240427

Our client was charged with criminal harassment for sending a series of anonymous, unwanted communications to a friend over a number of months. Following a thorough investigation by police, police charged our client as the sender of the communications. Our client was a young adult with no criminal history, and was concerned about the impact that a criminal record could have on future endeavors.

Our client retained Elena Ryland, who conducted a thorough review of the allegations, and obtained underlying information about the client. Based on the information provided by the client, Elena Ryland assisted the client in coming up with a plan to obtain mental health support and engage in prosocial activities. Through discussions with the Crown prosecutor’s office, the Crown prosecutor agreed that the charges could be resolved through a peace bond, especially in light of the independent, prosocial work that the client had done following the laying of the charge. As a result, the client entered in to a peace bond and the charge against the client was withdrawn.

Successful Result: Acquitted At Trial

Case Number: 25280053

Our client was charged with criminal harassment after sending numerous emails, Facebook messages and text messages to her ex-husband, his girlfriend and their friends and family members.

Upon being retained, we immediately ordered disclosure and requested character references and proof of counselling from our client to provide to the Crown Prosecutor. We entered negotiations with the Crown and discussed the steps that our client was taking to address her anger. We also raised the unique circumstances of our client that would be significantly impacted by a criminal record. As a result of these negotiations, the Crown agreed to resolve the charges with a peace bond and our client avoided a criminal record.

Successful Result: Charges Resolved with a Peace Bond; No Criminal Record

Case Number: 541745

Our client was charged with criminal harassment after he incessantly tried to communicate with his ex-wife to the point that she became reasonably afraid for her own safety. The couple had divorced the year prior, after a violent incident where our client had assaulted both his ex-wife and her mother. After their separation, our client began sending his ex-wife countless emails and called her constantly. His ex-wife explicitly told him that she no longer wanted any contact with him and asked him to stop. Despite her request, he persisted with the emails and called her cell phone over fifty times, leaving threatening messages suggesting that he would kill her. Because at the time our client was an alcoholic who could easily become violent when intoxicated, his ex-wife became very afraid of what he might do and called the police.

The police quickly located and arrested our client for harassment. Upon being retained we met with our client and reviewed the couple’s history in detail, which allowed us to find exculpatory evidence to the allegations against our client. After thoroughly reviewing the disclosure and finding further weaknesses in the case against our client, we set an early case resolution meeting with the Crown Prosecutor. We were able to persuade the Crown to join us in a successful application for a conditional discharge, and as a result our client was able to avoid a criminal record.

Successful Result: Conditional Discharge, No Criminal Record

Case Number: 55582450

Our client was charged with several counts of uttering threats and criminal harassment after a lengthy period of nearly two years during which he verbally harassed his neighbours and on several occasions threatened to physically harm them. Our client was suffering from a number of concurrent disorders, including substance abuse and mental health issues, which were the primary reasons for this behaviour.

Upon being retained, we immediately advised our client to secure a new living situation away from the complainants, his former neighbours. We also instructed our client to undergo addictions counselling and psychiatric treatment. After our client’s successful completion of these recovery programs, we convinced the Crown Prosecutor to accept a guilty plea in exchange for a conditional discharge. Not only did our client avoid jail time, he also avoided a criminal record.

Successful Result: No Jail Time, No Criminal Record

Dedicated criminal harassment lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide criminal harassment defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Yes, you can be charged with criminal harassment for activities online or on social media. The law doesn’t make a difference between physical and digital stalking. Both can make people scared and are against the law under Section 264 of the Criminal Code.

Yes, a criminal harassment charge will appear on most background checks from the moment you are formally charged, even before conviction. This happens because the charge becomes part of your police record as soon as you’re fingerprinted and photographed following arrest.

If you’re convicted of criminal harassment, this will appear on your criminal record permanently unless you obtain a record suspension (formerly called a pardon). Even if you receive a conditional or absolute discharge, the conviction might still show up on vulnerable sector checks.

Yes, repeated unsolicited communication, whether via text, social media, or third parties, constitutes criminal harassment if it causes the recipient fear. Alberta courts may utilize digital forensics experts to establish a ‘course of conduct’ in cases involving cyber stalking.

Criminal harassment (Section 264) focuses on conduct that causes a victim to fear for their physical or emotional safety, like stalking. Coercive control, on the other hand, is a proposed addition to the Criminal Code under Bill C-332, specifically targeting intimate partner violence in domestic situations. Coercive control seeks to control, isolate, or limit a partner’s autonomy, even if those acts don’t involve traditional stalking behaviours.

If you’re charged, a Calgary criminal harassment lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the criminal harassment charge.
  • Gather key evidence, such as police reports, digital communication logs, CCTV, witness statements, and expert testimony, to challenge the complainant’s allegations.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Strategic Criminal Defence has been based in Calgary for two decades. We know the local judges and prosecutors and how to approach them, which can positively impact the outcome of your case.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: May 9, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410