A charge of criminal harassment under Section 264 of the Criminal Code can result in a jail sentence and a permanent criminal record with potential lifelong consequences.

If your actions have allegedly caused another person to reasonably fear for their safety, it is essential to speak to a lawyer from Strategic Criminal Defence as soon as possible after a complaint is made.

We have defended many of these charges in Edmonton, and we are recognized with the Consumer Choice Award (2025, 2026), BBB A+ rating, and over 140 five-star Google reviews. Early legal advice from our team will focus on seeking your release and building a strong defence.

We will strive to prevent a conviction and criminal record from shaping your future.

Accused of criminal harassment? Here’s what to do next

  1. Politely invoke your right to silence: Never try to explain yourself or provide context to the police.
  2. Contact a criminal defence lawyer before doing anything else: Tell police you want to speak with a lawyer; then let your lawyer handle matters.
  3. Do not contact the complainant under any circumstances: Don’t try to apologize or explain your actions, even if you are close to the complainant.

Contact us for a free, no-obligation consultation.

Testimonials

“I’m walking away with no criminal record and no charges”

“Other lawyers from other law firms said that they thought I was gonna have to walk away with a couple charges, and I’m happy to report that I’m walking away with no criminal record and no charges. I would go back to Ahmed Haroon if, God forbid, I were to ever get in trouble again.”

S.R.

“Supportive, encouraging, empathetic”

“Mr. Ahmed Haroon is definitely strategic, as the name of the firm says. He is an intelligent and tactical young lawyer…clearing 12 charges off my back in a span of less than three months is something I will always thank him for. He is very supportive, encouraging, empathetic, and I will always recommend him.”

D.A.

How can a criminal harassment charge impact you?

You could be charged with criminal harassment for:

  • Repeatedly following, stalking, or watching a person.
  • Communicating with a person excessively.
  • Repeatedly threatening a person.

In the Criminal Code, it is classed as an ‘offence against the person and reputation’. No physical contact is necessary for charges to be laid if the person is ‘reasonably afraid’ for their safety.

Often, criminal harassment involves a former partner, a neighbour, or a workplace dispute, making cases extra-sensitive.

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

  • Repeatedly texting, calling, or messaging a former partner after being told to stop, causing them to fear for their safety.
  • Repeatedly showing up outside an ex-partner’s home, workplace, or gym in a way that causes them to reasonably fear for their safety.
  • Sending messages that explicitly or implicitly threaten harm to a neighbour or someone known to them, such as a child or family member.

A Strategic Criminal Defence lawyer will build a defence tailored to the specific allegations to work toward minimizing or avoiding the following consequences:

CONSEQUENCE DETAILS
Incarceration

Summary offence: 2 years less a day (maximum).

Indictable offence: 10 years (maximum).
Criminal record Permanent unless discharge granted.
Employment May disqualify from roles involving vulnerable persons, children, or security clearances.
Professional licensing Risk to regulated professions (teachers, nurses, lawyers, etc.)
Travel to the USA Can be denied entry under US immigration law.
Immigration status Non-citizens face deportation risk; a 6-month+ sentence triggers inadmissibility under IRPA.
Firearms Mandatory prohibition order under s.109 of the Criminal Code.
Peace bond (s.810) Available as an alternative to conviction in appropriate cases; no criminal record results.
DNA order The court may order a DNA sample for the national databank.

Criminal harassment is a hybrid offence. This means that the Crown may choose to proceed by:

  • Summary conviction for less serious offences (most common).
  • Indictment for the most serious offences.

Criminal harassment has no minimum sentence in Canada. Sentences are by judicial discretion. Having a persuasive criminal defence lawyer advocating for you can help even if you are convicted.

What is a typical outcome for a first criminal harassment offence?

Every case depends on the specific circumstances. Early consultation with one of our criminal harassment lawyers (preferably even before charges are laid) can help protect your rights and may help mitigate the consequences for your future.

We can sometimes argue for a lesser, non-criminal charge for first offences.

If you contact us after the criminal harassment charge is laid, we often negotiate directly with the Crown Prosecutor before a trial for one of the following outcomes:

  • Charge withdrawal, for minor offences where the evidence is weak or the complainant does not wish to proceed.
  • Conditional discharge, for less serious offences (no criminal conviction if you plead guilty and complete probation).
  • Peace bond (s. 810), if you agree to keep the peace and abide by certain conditions for a fixed period (no criminal conviction results).
  • Mental Health Diversion (MHD), where a mental health issue is a primary driver of the threatening or harassing behavior (no criminal record).
  • Alternative Measures Program for less serious offences, with community service or counselling offered in exchange for a withdrawn charge.

If the case proceeds to trial, the maximum sentence is rarely imposed for first-time offences, but the outcome is highly case-dependent. If a conviction results, we will advocate for the lightest sentence possible.

Repeat offenders are more likely to face custody, often with a restraining order and probation to follow.

How will you be released after a criminal harassment charge?

After your arrest for criminal harassment in Edmonton, you may be:

  • Released on an Appearance Notice or Undertaking at the police station.
  • Detained for up to 24 hours for a bail hearing (s. 503 of the Criminal Code).

If you are detained, you may be transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.

You could then be held for your bail hearing at the Edmonton Remand Centre (18415 127 Street NW, Edmonton).

A lawyer from Strategic Criminal Defence will:

  • Visit you where you are held (or speak to you by video).
  • Contact the Prosecutor assigned to the bail hearing to start negotiating your release.
  • Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing.
  • Start preparing for your bail hearing, which is usually held by teleconference from your holding cell.

While we will argue for your bail conditions to be the least restrictive possible, you can expect tight restrictions to be in place before your case is resolved, such as:

  • No contact at all with the complainant.
  • A ’stay away’ order from certain locations (the complainant’s home, work, school, etc.)
  • A weapons prohibition.
  • Regular reporting to the Edmonton police or bail supervisor.
  • Alcohol or drug-related conditions.
  • Possible requirement to wear an electronic monitoring device or stay inside at night.
  • Possible counselling.

What happens after your release?

After your release, you will need to attend a ‘first appearance’. At this hearing, your lawyer will request the Crown’s disclosure package. This contains all the evidence against you, including:

  • Police reports.
  • Complainant messages.
  • Surveillance footage.
  • Statements from the complainant and witnesses, etc.

After reviewing the evidence for weaknesses or errors in the case, we will:

  • Start building your defence.
  • Explore pre-trial resolution options with the Crown.
  • Prepare for a criminal trial if necessary.

How will we defend your criminal harassment charge?

The defences we use for criminal harassment depend on the circumstances of the charge. Here’s a summary of some common defences:

DEFENCE LEGAL ARGUMENT PRACTICAL EXAMPLE
Lawful Authority You had a legal right or duty to engage in the conduct. A private investigator conducting a legitimate insurance fraud investigation.
No Subjective Fear The complainant was not actually frightened — the fear element is missing. The complainant continued initiating friendly contact during the alleged harassment period.
Unreasonable Fear A reasonable person in the complainant's position would not have been afraid. Three polite emails about an unpaid debt from a former business partner.
No Repetition The conduct was isolated and did not meet the legal threshold of "repeatedly." A single argument or an accidental encounter in a public place.
No Intent You did not know and had no reason to suspect your conduct was causing distress. Messaging a blocked account without knowing the recipient was still receiving notifications.
Identity/Alibi You were not the person who sent the messages or carried out the conduct. Your account was hacked or GPS data places you elsewhere at the time.

FAQs

Yes. A charge appears on your police record from the moment you are fingerprinted, before any conviction. A conviction stays permanently unless you obtain a record suspension. Even a discharge may appear on vulnerable sector checks for up to 3 years.

No. Once a complaint is made, the decision to proceed rests with the Crown, not the complainant. Even if the complainant recants or refuses to cooperate, the Crown can still prosecute and may subpoena the complainant to testify.

No. Any contact, direct or indirect, can be treated as further harassment and result in additional charges. If you have a legitimate reason to communicate (shared children, property), do so only through your lawyer until the matter is resolved.

Yes. Criminal harassment charges can arise from online or social media conduct. Repeatedly messaging, commenting on posts, or sending threatening communications can satisfy the elements of s.264 of the Criminal Code if the conduct causes the complainant to reasonably fear for their safety.

Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review, which is conducted at the Court of King’s Bench of Alberta. A bail review requires showing either that the original decision was wrong or that circumstances have materially changed since the original hearing. We can advise you quickly on whether grounds exist.

Yes, we have offices in Calgary and Lethbridge, and can represent you wherever you are in Alberta. Our lawyers have extensive experience with criminal harassment cases, tailoring our strategy depending on the prosecutor and judge who handle your case.

Get the help you need with a criminal harassment charge in Edmonton

Even if you haven’t yet been charged, contacting a Strategic Criminal Defence lawyer early can make a critical difference in a criminal harassment case.

If Edmonton Police are investigating an alleged harassment complaint, we can advise you on:

  • Whether to speak to the police.
  • What investigators are likely looking for.
  • How to avoid steps that could be used against you later.

If you’ve already been charged under s.264 of the Criminal Code, we will:

  • Review the allegations and assess whether the legal threshold for harassment is met.
  • Identify weaknesses in the Crown’s evidence.
  • Build a defence strategy around the specific facts.
  • Pursue pre-trial resolutions where appropriate.

After a decade of representing clients in Edmonton, Strategic Criminal Defence lawyers understand how local Crown prosecutors and judges approach harassment cases. Our experience can help protect your future.

Contact us for a free, no-obligation consultation.

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: August 11, 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