Criminal Harassment Charges
Many people charged with criminal harassment believe they were doing nothing wrong. The line between lawful and illegal conduct is narrow and the consequences of a conviction are serious. Our Calgary criminal defence lawyers defend these charges every day.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
One of the most frustrating aspects of a criminal harassment charge is how often the person charged feels like they are the one who was wronged. A relationship ended badly. A workplace situation escalated. Someone was trying to get answers, or closure, or to correct what felt like an injustice. And now they are facing a criminal charge for it.
That frustration is understandable. It is also not a defence on its own. What matters legally is whether the conduct caused the other person to reasonably fear for their safety, regardless of what the accused intended. That is a narrow and often counterintuitive legal test, and it is exactly the kind of charge where experienced counsel can make the difference between a conviction and an acquittal.
Call (587) 355-8889 for a free consultation. Available 24 hours a day.
What Criminal Harassment Actually Means Under the Criminal Code
Section 264 of the Criminal Code defines criminal harassment as engaging in conduct, without lawful authority, that causes another person to reasonably fear for their safety or the safety of someone known to them. The conduct that typically forms the basis of these charges includes:
Repeated Communication
Unwanted calls, texts, emails, or direct messages that the recipient has indicated they do not want to receive. The repetition matters. A single unwanted message typically does not meet the threshold. A pattern of contact after being told to stop is where the legal exposure begins.
Watching or Besetting
Repeatedly showing up at or near a person's home, workplace, or any place they regularly attend. This includes waiting outside locations, following someone, or being present in circumstances that cause the person to feel monitored or followed.
Following a Person
Physically following someone from place to place, whether on foot or by vehicle, in a way that causes them to fear for their safety.
Threatening Conduct
Engaging in threatening behaviour directed at a person or anyone known to them, including threats communicated through third parties or posted publicly online.
Where These Charges Come From
Criminal harassment charges arise most commonly in three situations, and each one presents different defence considerations.
Relationship Breakdowns
The most common context. A separation or breakup becomes acrimonious and one party continues attempting contact after the other has made clear they do not want it. The accused frequently believes they have legitimate reasons to make contact, whether to discuss children, shared property, or unresolved grievances. That belief, however genuine, does not override the other person's reasonable fear for their safety if the conduct objectively causes it.
Workplace Disputes
Toxic or fractured workplace relationships can give rise to harassment allegations where conduct that feels like legitimate professional grievance to one party feels threatening to another. These cases often involve a contested factual record and credibility is central to the defence.
Misguided Attempts to Help or Protect
People are sometimes charged with criminal harassment for conduct that was genuinely protective or well-intentioned toward the complainant or someone the complainant knows. These cases are among the most frustrating to be charged with and often the most defensible, because intent and the reasonableness of the complainant's fear are both live issues.
The Defences That Matter in These Cases
No Reasonable Fear
The Crown must prove the complainant actually feared for their safety and that the fear was objectively reasonable in the circumstances. If the evidence shows the complainant did not actually fear for their safety, or if a reasonable person in their position would not have, the charge fails on a fundamental element.
Lawful Authority
Conduct that would otherwise constitute harassment does not offend section 264 if it was carried out with lawful authority. The precise scope of lawful authority is context-dependent and requires careful legal analysis of the specific facts.
Credibility of the Complainant
Criminal harassment cases almost always come down to a credibility contest. The complainant's account of the conduct, their description of their emotional state, and the consistency of their evidence across the investigation and trial are all subject to challenge. We examine every statement the complainant made during the investigation for inconsistencies and pursue those inconsistencies at trial.
Digital and Communication Evidence
These cases generate substantial digital evidence. Text messages, social media activity, call logs, and email threads often tell a more nuanced story than the Crown's narrative suggests. We review all of it carefully because the full record of communication frequently undermines the Crown's characterization of the conduct.
The Consequences of a Conviction
A criminal harassment conviction is not a minor outcome. The consequences reach well beyond the criminal sentence itself.
The maximum sentence on indictment is ten years imprisonment. Even at the lower end of the sentencing range, a conviction carries a criminal record that appears on background checks and affects employment, professional licensing, and travel to the United States and other countries.
In many cases the social and reputational consequences are felt before any verdict is reached, particularly where the complainant and the accused share a social or professional community. Protecting your reputation requires the same aggressive approach as protecting your record.
A defence built in four steps.
We Listen
You tell us the full history of the relationship or situation, what the alleged conduct was, what the complainant has said, and what evidence exists. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the Crown's evidence, the complainant's credibility, the digital record of communications, and whether the legal threshold for criminal harassment is actually met on the facts as alleged.
We Explain Your Options
We tell you what the charge requires the Crown to prove, where their case is weakest, and what the realistic defence strategy looks like for your specific situation. No vague reassurances.
We Take Action
We obtain full disclosure, review every communication and statement in the file, challenge the complainant's evidence at trial, and pursue every available defence with the same intensity we bring to every file.
Frequently Asked Questions
Can I be charged with criminal harassment even if I never threatened anyone?+
Yes. Criminal harassment does not require a direct threat. The charge applies to conduct that causes another person to reasonably fear for their safety, which includes repeated unwanted contact, following someone, or watching and besetting their home or workplace. The absence of explicit threats does not eliminate the charge if the pattern of conduct meets the legal threshold.
What if I was just trying to talk to someone who was ignoring me?+
Intent matters to the charge, but it is not a complete answer. The Crown must prove the conduct caused the complainant to reasonably fear for their safety. Whether continuing to attempt contact after being told to stop meets that threshold depends on the specific facts, the nature of the communications, and the history between the parties. This is exactly the kind of factual analysis an experienced criminal defence lawyer conducts at the beginning of every harassment file.
Does the complainant have to tell me to stop before I can be charged?+
Not necessarily. If the circumstances are such that a reasonable person would have understood their conduct was unwanted and causing fear, the absence of an explicit request to stop does not eliminate the charge. However, whether you were ever told to stop, and when, is relevant evidence that affects how the conduct is characterized and how the Crown presents the case.
What if most of our contact was mutual and consensual?+
A history of mutual contact is highly relevant to a criminal harassment defence. It bears on whether the complainant's fear was objectively reasonable given the established pattern of communication between the parties. Digital records showing the full history of contact, including the complainant's own messages, are frequently among the most important evidence in these cases. We review that record carefully in every file.
What happens to my criminal record if I am convicted of criminal harassment?+
A criminal harassment conviction results in a permanent criminal record that appears on background checks. It can affect employment, professional licensing, travel to the United States, and future family court proceedings. The maximum sentence on indictment is ten years, though actual sentences vary significantly depending on the nature of the conduct and the accused's background. The reputational consequences of a conviction in this category are serious and lasting.
Related Practice Areas
Criminal harassment charges frequently arise alongside domestic assault allegations, bail conditions restricting contact, and uttering threats charges. If your situation involves any of these, the defence needs to address all of them together.
Domestic Violence and Assault Calgary
Harassment allegations often accompany domestic assault charges heard in specialized court with restrictive bail conditions.
READ THE DEFENCE GUIDEBail Hearings Calgary
No-contact and geographical bail conditions are standard on harassment files. Variation applications require experienced counsel.
READ THE DEFENCE GUIDEUttering Threats Calgary
Threat charges frequently accompany harassment allegations and often turn on the same digital and communication evidence.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on credibility, digital evidence, and Charter litigation.
READ THE DEFENCE GUIDECharged With Criminal Harassment in Calgary?
These charges move quickly and the Crown builds their file from the digital record that already exists. The sooner we are reviewing that same record, the stronger your defence.
Call (587) 355-8889. Free consultation. Available 24 hours a day.