Criminal Harassment in Canada
First of all you should know what is Criminal Harassment. this offence happens when someone makes you fear for your or a family member’s safety. you’ll be charged with a criminal harassment offence if you’re found appealing in prohibited behavior.
There are some kinds of criminal harassment :
- Stalking
- Cyberbullying
Fines related to criminal harassment offences are usually laid against people. people who might wish to pursue an enforced relationship with a complainant. They can include sending unsolicited and unwanted phone calls or messages , ultimately resulting in criminal harassment charges. Other examples of such criminal offence may also involve :
- following a complainant at their residence or place of work.
- watching a complainant at their residence or place of work.
What should you do and How To Prove a Conviction Involving Criminal Harassment
You have some options. But it Depends on the circumstances.
- a court order to protect you from a person who is harassing or stalking you.
- a peace bond under the Criminal Code
- a protection order under the Family Law Act.
It’s better for you to know that the crown will be required to prove the following vital things beyond a reasonable doubt. you should do this to successfully convicting you in relation to criminal harassment.
These kinds of orders include conditions set by a judge. such as having no contact with you or not going near your home or workplace.
- Worries of the complainant being reasonable under the circumstances
- feeling of being harassed
- Proving that you were willfully blind or reckless with regards to whether your particular behaviour would make the plaintiff feel harassed
the word harassed has not been defined in the Canadian criminal code. however the Canadian courts have usually interpreted it as being :
- troubled
- worried
- badgered as per the conduct of the accused.
Penalties
- up to 10-year imprisonment as a result of the indictment..
- up to 18 months imprisonment In case of summary conviction
- a $5000.00 fine.
- restrictive ancillary orders from the court
- weapons and firearms prohibition from possessing or owning
- Forfeit any currently owned weapons to the Crown.
In Addition in serious cases, the Crown can also make an application for a DNA order. this is for providing your DNA samples to a National Databank. they can even make an application for registering you as a sex offender.
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