Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Criminal harassment

• 264 (1) Everyone commits an offence who, with intent to harass another person or knowing that, or being reckless as to whether, they would be harassing another person, engages without lawful authority in conduct referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened.

• Marginal note:Prohibited conduct

  (2) The conduct mentioned in subsection (1) consists of doing any of the following in person, by a means of telecommunication or by any other means:

  • (a) repeatedly following from place to place the other person or anyone known to them;

  • (a.1) monitoring the location, movements, actions or social interactions of the other person or of 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 at anyone or any animal known to them.

• Marginal note:Punishment

  (3) Every person who commits an offence under this section is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Factors to be considered

  (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

  • (a) the terms or conditions of an order made under section 161 or a recognizance entered into under section 810, 810.03, 810.1 or 810.2; or

  • (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

• Marginal note:Reasons

  (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

• Marginal note:For greater certainty

  (6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.