Criminal Harassment & Stalking Cases
In about 1992 Canada was one of the first countries in the world to legislate against “stalking”. Stalking also called criminal harassment is very loosely defined by the Criminal Code of Canada, as follows:
Criminal harassment
264. (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.
Prohibited conduct
(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.
Given that there are always innocent purposes for following another person or repeatedly communicating with that other person or even watching their residence there are always defences to these types of charges when the behaviour complained about is not definitive of the classic idea of “stalking”. Even where behavior/conduct may be deemed to be “threatening’ to one person there may be an innocent purpose or that conduct may be mischaracterized or even invited by the person complaining of it. Defences to these types of charges will largely depend upon the facts of each case. Most of the time these charges can be negotiated down to “peace bonds” at the very least. (For more information about peace bonds CLICK HERE). You are therefore wise to contact our Vancouver criminal lawyer who is aware of the possible defences to stalking charges and can explain them to you.
If you are charged with criminal harassment, you should seek the help of our Vancouver criminal lawyer Jamie Butler to instruct you on the defences that may be available to you. Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your criminal charges. Alternatively we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE .