Stalking is a serious behavior that can have far-reaching consequences for both the victim and the accused. In Canada, including Ontario, laws are in place to protect individuals from the harmful effects of stalking and to hold perpetrators accountable for their actions. At Collett Read LLP, we understand the complexities surrounding stalking charges and are here to provide clarity on this issue.
Definition of Stalking
In Ontario, “stalking” is a subset of the offence of “criminal harassment.” It is defined as a pattern of behavior that causes fear or safety concerns in another person. Criminal harassment can take many forms, including repeatedly following an individual from place to place, repeated unwanted communication with another person, surveilling another person or their house, or engaging in threatening conduct directed at another person.
For such behavior to amount to “criminal harassment”, the complainant must have been “harassed” by the other person’s conduct, and the conduct must have caused them to fear for their safety or the safety of anyone known to them. Such fear must be reasonable.
Examples of criminal harassment can include:
- An individual calling another person over and over again, possibly hanging up when the other person answers the phone
- An individual sending constant e-mail messages to another person
- An individual leaving threatening voice messages for another person
- An individual sending another person gifts that they do not want.
Penalties for Criminal Harassment
In Ontario, “criminal harassment” is considered a criminal offence and is treated with the utmost seriousness by the legal system. Stalking behavior can have profound psychological and emotional effects on the victim, regardless of whether physical harm is threatened or inflicted. Thus, the law aims to protect individuals from this type of harm and to ensure that perpetrators are held accountable for their actions.
The possible penalties for “criminal harassment” in Canada depend on whether the Crown chooses to proceed by summary conviction or indictment.
If the Crown proceeds summarily, a person could be sentenced to a maximum jail sentence of 2 years less a day and/or a $5,000 fine. There is no mandatory minimum penalty for “criminal harassment.”
If the Crown proceeds by indictment, a person could be sentenced to a maximum jail sentence of 10 years.
Seeking Legal Representation
If you have been accused of stalking, it’s crucial to understand the gravity of the situation and to seek legal representation immediately. Stalking charges can result in significant penalties, including fines, probation, and even imprisonment.
At Collett Read LLP, we understand the importance of building a strong defense strategy in stalking cases. We will work tirelessly to protect your rights and to ensure that you receive a fair trial. Call our team at (905) 541-2228 or fill out a form for a free consultation. Our experienced legal team will meticulously review the evidence against you, challenge any weaknesses in the prosecution’s case, and advocate vigorously on your behalf.