Stalking, repeated contact, or threatening behaviour can all lead to a charge of criminal harassment under section 264 of the Criminal Code.

The Toronto team of Strategic Criminal Defence, led by Dylan Finlay, will work to protect your rights, minimize penalties, and achieve the best possible outcome.

When your reputation and freedom are on the line, you can count on us:

  • Over 120 five-star Google reviews.
  • More than 1,000 criminal cases handled.
  • 25 years of combined criminal defence experience.
  • 24/7 availability.

Speak to a lawyer before talking to the police or anyone else about your case.

What should you do if you’re accused of criminal harassment?

Before doing anything else:

  1. Stop all contact with the person who made the complaint. Even innocent contact with a friend or on social media can be used as more evidence against you.
  2. Save your own records of the relationship. Collect messages, emails, and dates. Context often matters as much as any single incident.
  3. Contact an experienced criminal defence lawyer early on. Acting early can sometimes change how the case unfolds.

Try to speak with a lawyer before answering questions from the police. If you’ve already been charged, hire a lawyer before your first court date.

Contact us for a free, no-obligation consultation.

What is criminal harassment?

Criminal harassment covers repeated conduct that causes someone to fear for their safety, or the safety of someone they know. It is often called stalking, but that’s just one type of criminal harassment. Other common examples include:

  • Leaving threatening voicemails.
  • Contacting someone repetitively on the internet.
  • Following someone home from work repeatedly.

To be classed as criminal harassment, the fear caused has to be reasonable.

PROHIBITED CONDUCT WHAT IT MEANS
Repeatedly following
s. 264(2)(a)		 Following the person, or someone known to them, from place to place.
Repeatedly communicating
s. 264(2)(b)		 Contacting the person, directly or indirectly, again and again.
Besetting or watching
s. 264(2)(c)		 Watching or lingering near their home, workplace, or school.
Threatening conduct
s. 264(2)(d)		 Directing threatening behaviour at the person or a family member.

What could happen to you if you’re convicted?

Criminal harassment is a hybrid offence in Canada:

  • If the Crown proceeds by indictment, a conviction can mean up to 10 years in prison.
  • If the Crown proceeds summarily, it can mean up to 2 years less a day and/or a fine up to $5,000.
  • No mandatory minimum sentence applies.

Beyond the initial penalties, a conviction leaves a criminal record that shows up on background checks. That can affect your employment, education, travel, immigration status, and more.

If you’re charged while you were already bound by a protective order or a similar condition, the law treats this as an aggravating factor at sentencing. Having an experienced Strategic Criminal Defence lawyer on your side can help to minimize the impact on your future.

What happens during a criminal harassment investigation in Toronto?

Most criminal harassment cases start with a report by the alleged victim, or a witness, to the Toronto police. If you’re arrested and charged, you may be released with conditions.  If not, you’ll be detained until your bail hearing:

  • Men are held at the Toronto South Detention Centre.
  • Women are held at the Vanier Centre for Women in Milton.

Bail hearings happen at the Toronto Regional Bail Centre on Finch Avenue West. We can represent you at this hearing.

What bail conditions can you expect?

To be released, you’ll need to agree to keep the peace and report to a bail supervisor. You may also need to agree to:

  • Stop contact with the alleged victim, both directly and indirectly.
  • Stay away from their home, workplace, or school.
  • Limit use of social media or messaging apps.
  • A possible curfew.

Other restrictions may apply, but we will work to limit their impact on you.

Where are criminal harassment cases heard in Toronto?

Many criminal harassment cases proceed summarily. They are heard at the Ontario Court of Justice on Armoury Street. The most serious cases can go to trial before a judge and jury at the Superior Court of Justice on University Avenue.

Criminal harassment cases often involve domestic relationships and a related family court matter. These may qualify for the Integrated Domestic Violence Court at 311 Jarvis Street. In these cases, one judge hears both matters together.

How can a criminal harassment lawyer help your case?

Pre-charge legal advice from one of our lawyers can sometimes prevent charges from being laid. If not, we can work to limit the impact on your future by ensuring that you don’t say or do anything that will harm your case.

If you’re charged, we can review the disclosure package, which outlines the Crown’s evidence. We look at the full pattern of contact the Crown is relying on, not just the incident that triggered the complaint. Context often changes how a case looks.

Some Toronto criminal harassment cases go to trial, but most are resolved beforehand.

Can you avoid a criminal record?

Sometimes, pre-trial resolutions can prevent a criminal record. This depends on the facts of your case, but some options may include:

  • Peace bond. If you keep the peace for up to a year, the Crown withdraws the charge without you having to admit guilt.
  • Alternative Measures Program. In less serious, non-domestic cases, finishing this program can lead to the charge being dropped.
  • Reduced charge. The Crown may agree to a plea on a lesser charge and drop the criminal harassment charge.
  • Stay of proceedings. The Crown pauses the case instead of ending it. In practice, it is rarely restarted once a year has passed.
  • Discharge. If you plead guilty, a judge can still grant a discharge in the right case. This avoids a criminal record, even with a guilty plea.

Besides these options, charges are sometimes withdrawn completely if the Crown has weak evidence, credibility problems, or a Charter breach. Talk to your lawyer about the likely strategy we will use in your case.

What are the main defences for criminal harassment charges?

Criminal harassment charges depend heavily on context. Common defences include:

DEFENCE WHAT IT MEANS
No knowledge or recklessness The Crown must prove you knew, or were reckless about whether, your conduct was causing fear. Conduct that seems harmless to you may not meet this standard.
The fear was not reasonable The other person's fear must be reasonable, given the full circumstances, not just genuinely felt.
A Charter breach Evidence gathered improperly, or a statement taken the wrong way, can lead to a reduced or dismissed charge.
Lawful authority If you had a legal right to do what you did, such as a lawyer contacting a client, this can be a full defence.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Dylan secured the best possible result”

“Dylan handled my case with a high level of professionalism. It was my first time facing such a challenging situation, and being in a new country made the experience even more stressful. However, Dylan quickly built trust and reassured me that he would do everything possible to achieve the best outcome. He was transparent throughout the process and never sugarcoated anything. After multiple reviews of the case with the Crown, Dylan secured the best possible result — all my charges were withdrawn. I highly recommend him as a criminal lawyer.”

K.B.

“Confidence, professionalism, and real dedication”

Dylan Finlay is incredible. He handled my case with confidence, professionalism, and real dedication. He explained everything clearly and made the whole process less stressful. Highly recommend his services.

 J.

“Extremely positive experience”

“I had an extremely positive experience with Lorant from Strategic Criminal Defence. He got my case stayed so basically dropped, which was a very good result. He was very knowledgeable about my case and made sure I was updated with every step of the case and understood what was going on and what would happen in each scenario.”

S.G.

FAQs about criminal harassment charges

No. Criminal harassment is a criminal charge, and the Crown prosecutes it. A conviction can mean a criminal record and prison time. A restraining order is a civil remedy with a lower burden of proof. It does not create a criminal record on its own.

Yes, if the conduct is repeated and causes reasonable fear. Messages sent through social media, texting, or email can meet the legal test just as much as in-person contact.

Not necessarily. Even conduct that seems ordinary on its own, like repeated calls or visits, can add up to criminal harassment. It just has to be part of a pattern. That pattern has to cause reasonable fear.

Only a conviction shows up on your criminal record. A charge that is withdrawn, stayed, or resolved through a peace bond will not appear there, though it may still show up in police records.

Contact us for a free, no-obligation consultation.