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Criminal Harassment (Stalking) in Canada

Criminal harassment—commonly known as stalking—is a serious offence under section 264 of the Criminal Code of Canada. These charges often arise from relationship breakdowns, repeated communication, or proximity to another person that causes fear.

You do not need to intend to cause fear to be convicted. The court only looks at whether your conduct would cause a reasonable person to fear for their safety or the safety of someone they know.

If you are facing criminal harassment charges in Calgary, the consequences can be severe and long-lasting. Early legal representation is critical.

 

What Is Considered Criminal Harassment?

Criminal harassment includes conduct such as:

  • Repeatedly following someone
  • Repeated texts, calls, emails, or social media messages
  • Watching or monitoring someone at home, work, or elsewhere
  • Repeatedly showing up at a person’s residence or workplace
  • Threatening or intimidating behaviour

Even conduct that seems non-violent can become criminal if it is persistent, unwanted, and fear-inducing.

 

Penalties for Criminal Harassment in Canada

Criminal harassment is a hybrid offence, meaning the Crown can proceed either summarily or by indictment:

  • Summary conviction:
    • Up to 2 years less a day in jail
    • Fines up to $5,000
  • Indictable offence:
    • Up to 10 years in prison

A conviction may also result in:

  • A permanent criminal record
  • No-contact or restraining orders
  • Strict probation conditions
  • Firearm prohibitions
  • Immigration and professional licensing consequences


Long-Term Consequences of a Conviction

Beyond jail or fines, a criminal harassment conviction can lead to:

  • Loss of employment and reduced job prospects
  • Travel restrictions
  • Damage to personal and professional reputation
  • Strained family and personal relationships
  • Ongoing court supervision

These impacts often follow clients for years or even decades.

Criminal Harassment FAQ

Do I have to threaten someone to be charged?

No. Explicit threats are not required. Repeated unwanted contact alone can support a charge.

Can text messages and social media be used as evidence?

Yes. Police regularly rely on texts, call logs, emails, screenshots, and metadata.

What if I was just trying to fix a relationship?

Intent does not control the case. The issue is whether the conduct caused reasonable fear.

Can I go to jail even without violence?

Yes. Jail is possible even where there was no physical contact.

How can you help me?

At KJR, we understand the extreme stress and fear that comes with a child luring investigation or charge. These cases move quickly, involve complex digital evidence, and carry some of the most severe consequences in criminal law. Our experienced Calgary criminal defence lawyers approach every case with discretion, precision, and an uncompromising focus on protecting your rights, your freedom, and your future.

If you are under investigation or have been charged, do not wait. Early legal advice can make a decisive difference in the outcome.

📞 Call us today at (587)-583-2808 to speak with a lawyer in strict confidence