There are several criminal offences that deal with harassing or threatening behaviour. There are also different ways of dealing with these behaviours.
Are you being harassed or threatened? Has someone been repeatedly phoning, texting or following you? If someone is disturbing you, it may be considered an offence under the Criminal Code. While these types of behaviours are frequently associated with family violence, an offender can be anyone: a current or former partner, a co-worker, casual acquaintance or total stranger. Such behaviour can be directed towards an individual, their family, their friends or co-workers. It may also involve other criminal acts such as break and enter, assault or unlawful confinement.
Each of the offences below can result in a jail sentence if the accused is convicted. The maximum jail sentence varies. Some offences also include a minimum jail sentence. A sentence may also include a fine. A prohibition on possessing firearms, ammunition or explosives may, and in some cases must, also be included.
It is a criminal offence for anyone to make you reasonably fear for your safety or the safety of someone you know by:
An offence does not need to involve a physical injury. The offender does not need to have intended to harm you. If their behaviour would cause a reasonable person to fear for their safety, it is criminal harassment. Serious cases could result in an offender being sent to jail for up to 10 years.
It is a criminal offence for anyone to try to force you to do something or prevent you from doing something by:
If convicted, an offender can be sentenced to up to five years in jail.
It is a criminal offence for anyone to threaten to:
The maximum penalty for threatening death or bodily harm is a jail sentence of five years. The maximum penalty for uttering threats to damage property or kill or injure animals is two years.
It is a criminal offence to make an indecent telephone call or to repeatedly call someone to harass them. It is also a criminal offence to tell someone false information with the intent to injure or alarm them. For example, a person cannot lie and tell you that someone close to you has been injured or killed. The maximum punishment for these offences is two years in jail.
Extortion means using threats or violence to get someone to do something or to obtain something. Extortion is a criminal offence. Many people think of extortion as involving only money, but this is not always the case. For example, a person could be convicted of extorting an act of sexual intercourse.
The maximum punishment for the offence of extortion is life imprisonment and a mandatory order prohibiting the offender from possessing firearms, ammunition or explosives. If a firearm is used in the offence, the minimum punishment is four years in jail.
It is a criminal offence to cause a disturbance in a public place. It is also an offence to loiter, molest or obstruct people in a public place. Causing a disturbance could cover things like fighting or yelling on the street, or shouting or harassing someone in a bar, restaurant or shopping mall.
The maximum punishment for this offence is two years less a day in jail and a fine of $5,000.
There are several things you can do as a victim of crime. The most important thing is to stay safe. In emergency situations, call 911. For more information, see our pages on:
PLEA offers free online training on preventing and addressing workplace harassment.