Welfareville - Notebook - The law: Criminal Code

§ Criminal harassment

Offences Against the Person and Reputation
- Duties Tending to Preservation of Life
- Criminal Negligence
- Homicide
- Murder, Manslaughter and Infanticide
- Suicide
- Neglect in Child-birth and Concealing Dead Body
- Bodily Harm and Acts and Omissions Causing Danger to the Person
- Motor Vehicles, Vessels and Aircraft
  - Section 249, Dangerous operation of motor vehicles, vessels and aircraft
  - Section 249.1, Flight
  - Section 249.2, Causing death by criminal negligence (street racing)
  - Section 249.3, Causing bodily harm by criminal negligence (street racing)
  - Section 249.4, Dangerous operation of motor vehicle while street racing
  - Section 250, Failure to keep watch on person towed
  - Section 251, Unseaworthy vessel and unsafe aircraft
  - Section 252, Failure to stop at scene of accident
  - Section 253, Operation while impaired
  - Section 262, Impeding attempt to save life
  - Section 263, Duty to safeguard opening in ice
  - Section 264, Criminal harassment
- Assaults
- Kidnapping, Trafficking in Persons, Hostage Taking and Abduction
- Commodification of Sexual Activity
- Abortion
- Offences Against Conjugal Rights
- Unlawful Solemnization of Marriage
- Blasphemous Libel
- Defamatory Libel
- Hate Propaganda

Placeholder.

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.
(2) The conduct mentioned in subsection (1) consists of

repeatedly following from place to place the other person or anyone known to them;
repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
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
engaging in threatening conduct directed at the other person or any member of their family.

R. v. Coppola, 2007 ONCJ 184
In order for the court to find the accused guilty of this offence, the Crown must establish five essential elements of the offence, namely;
1. It must be established that the accused has engaged in the conduct set out in s. 264(2)(a), (b), (c) or (d) of the Criminal Code;
2. It must be established that the complainant was harassed.
3. It must be established that the accused, who engaged in such conduct, knew that the complainant was harassed or was reckless or wilfully blind as to whether the complainant was harassed;
4. It must be established that the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
5. It must be established that the complainant’s fear was, in all the circumstances, reasonable. (See R. v. Kosikar, 1999 CanLII 3775 (ON CA), 138 C.C.C. (3d) 217 (Ont. C.A.) at para. 19)
- R. v. Kosikar, 1999 CanLII 3775 (ON CA)
  I also agree with Proulx J.A.’s adoption, from R. v. Sillipp (1997), 11 C.R.R (5th) 71 (Alta. C.A.), of the following description of the five essential elements of the offence:
  1. It must be established that the accused has engaged in the conduct set out in s. 264(2)(a), (b), (c), or (d) of the Criminal Code.
  2. It must be established that the complainant was harassed;
  3. It must be established that the accused who engaged in such conduct knew that the complainant was harassed or was reckless or wilfully blind as to whether the complainant was harassed;
  4. It must be established that the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
  5. It must be established that the complainant's fear was, in all of the circumstances, reasonable.