Criminal harassment, often referred to informally as stalking, covers a pattern of conduct that causes another person to reasonably fear for their safety. Unlike many criminal offences, it does not require a single dramatic incident; it is generally built on a pattern of behaviour over time. This guide explains how criminal harassment is defined under section 264 of the Criminal Code, how it is classified and prosecuted, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Is Criminal Harassment?
Criminal harassment charges have become increasingly common as communication moves online, and many cases now involve a mix of in-person conduct and repeated digital contact. Section 264 of the Criminal Code makes it an offence to engage, without lawful authority and knowing that another person is harassed, or being reckless as to whether they are harassed, in certain kinds of conduct that causes that person to reasonably fear for their safety or the safety of someone known to them. Criminal harassment often arises between former intimate partners after a relationship ends, but it can also arise between neighbours, coworkers, or, increasingly, between people who interact primarily online.
The Types of Conduct Covered
Section 264(2) sets out the specific categories of conduct that can amount to criminal harassment:
- Repeatedly following a person, or anyone known to them, from place to place
- Repeatedly communicating with a person, or anyone known to them, directly or indirectly, including electronically
- Watching a person's home or workplace, or any place they happen to be
- Engaging in threatening conduct directed at a person or a member of their family
The word "repeatedly" is central to most of these categories: a single unwanted message or a single instance of following someone will generally not, on its own, meet the threshold for criminal harassment, although it may support a different charge, such as uttering threats, depending on what was said or done.
The Requirement of Reasonable Fear
It is not enough for the Crown to show that the prohibited conduct occurred. The Crown must also prove that the conduct caused the complainant to fear for their safety, or the safety of someone known to them, and that this fear was reasonable in all the circumstances. This is assessed from the perspective of a reasonable person in the complainant's position, considering the history between the parties, the nature of the conduct, and the surrounding context. Conduct that might seem innocuous in isolation can meet this threshold when considered as part of a broader pattern, particularly where there is a history of conflict or a prior relationship between the parties.
Classification and the Criminal Code
Criminal harassment is a hybrid offence, meaning the Crown can choose to proceed either by summary conviction or by indictment, depending on the pattern of conduct, its duration, its impact on the complainant, and the person's record.
Criminal Harassment (Section 264) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Criminal Code section
- Section 264
- Maximum penalty (summary conviction)
- Up to 2 years less a day in jail, a fine of up to $5,000, or both
- Maximum penalty (indictment)
- Up to 10 years imprisonment
- Mandatory minimum sentence
- None for a standard section 264 charge
These figures reflect the maximum penalties set out in the Criminal Code as of this page's last update. Actual sentences depend heavily on the duration and severity of the harassment and the person's record. Some mandatory minimum penalties elsewhere in the Criminal Code have been struck down as unconstitutional by courts in recent years; a criminal lawyer can confirm the current state of the law for any related charge involving a mandatory minimum.
Potential Penalties
Sentencing in criminal harassment cases depends heavily on the duration and intensity of the conduct, its escalation over time, and its actual impact on the complainant. Cases involving a prolonged pattern of following, repeated contact after being told to stop, or conduct combined with threats generally attract more serious consequences than a shorter or less alarming pattern. Courts also consider whether the person has previously breached a no-contact order or peace bond connected to the same complainant. See our sentencing overview for the general principles Ontario courts apply.
How This Relates to Other Charges
Criminal harassment often overlaps with other charges depending on the facts. Where the conduct includes explicit threats to cause death or bodily harm, a separate charge of uttering threats may also be laid. Where the parties were previously in an intimate relationship, the case may also be described in the context of domestic violence more broadly, even where no physical assault occurred. Where the harassing conduct takes place primarily online, it may overlap with the conduct discussed on our internet-related offences page, depending on its content. Breaching a no-contact bail condition or a peace bond connected to the same complainant can also result in a separate breach of bail or breach of probation charge.
Anyone who is the subject of ongoing unwanted contact, or who believes they are being watched or followed, should document the conduct where safely possible and consider contacting police. Our page on victims and witnesses discusses support options generally available in Ontario.
Possible Defences
Criminal harassment cases often turn on whether the Crown can establish each of the specific elements: that the accused knew, or was reckless as to whether, their conduct was causing harassment; that the conduct falls within one of the categories in section 264(2); and that it caused reasonable fear. Common issues raised in defence include whether the conduct was genuinely repeated, rather than an isolated incident; whether the complainant's fear was objectively reasonable given the full context; and whether there is an innocent explanation for contact that appears, on its surface, to be part of a pattern, such as legitimate co-parenting communication or a shared workplace. A criminal lawyer should review the full pattern of alleged conduct, including any messages or records, before advising on possible defences.
Because criminal harassment cases are built on a pattern over time, evidence such as saved messages, call logs, and dated notes about specific incidents can be important, both for a complainant reporting the conduct and for a person defending against the allegation. A criminal lawyer can advise on how this kind of evidence is typically used at trial.
What Happens After This Charge
Someone charged with criminal harassment will typically face bail conditions that include a strict no-contact order with the complainant, and often a condition not to attend at specific locations, such as the complainant's home or workplace. Our page on how bail hearings work and our page on bail conditions explain this process further. From there, the case proceeds through the same general court process as other criminal charges, including a first appearance and disclosure of the Crown's evidence, which in harassment cases often includes text messages, call records, or social media communications. A conviction results in a criminal record; see our criminal records overview for more.
Frequently Asked Questions
Does criminal harassment require physical contact?
No. Criminal harassment can be made out entirely through following, repeated communication, watching, or threatening conduct, without any physical contact between the parties.
How many incidents are needed for something to be "repeated"?
There is no fixed number set out in the Criminal Code. Courts look at the pattern of conduct as a whole, and even a relatively small number of incidents over a short period can potentially meet the threshold, depending on the circumstances.
Can messages sent through social media count as criminal harassment?
Yes. Repeated communication, whether by phone, text, email, or social media, can fall within the conduct covered by section 264, provided it causes the complainant to reasonably fear for their safety or the safety of someone known to them.
Is criminal harassment the same as a restraining order violation?
No. A restraining order is generally a civil or family court order, while criminal harassment is a Criminal Code offence prosecuted by the Crown. Violating a criminal no-contact condition connected to a criminal case is a separate matter from criminal harassment, though the two can overlap in some situations.
What should I do if I am charged with criminal harassment based on a misunderstanding?
Speak with a criminal lawyer as soon as possible and avoid any further direct or indirect contact with the complainant while the matter is before the court. A lawyer can review the specific allegations and advise on how to respond.