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When Harassment is a Crime

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Some forms of workplace harassment are crimes under the Criminal Code and can be reported to the police.

In many cases it will be up to you to decide if you want to involve the police. If someone else calls the police, the decision about involving them will be out of your hands. The police may investigate the matter. Criminal charges will be laid if there is enough evidence to support the charge.

Sexual Assault

The law recognizes the right of every person to choose whether to have sexual contact with another person. This applies to all kinds of sexual contact – from a touch to intercourse. Sexual harassment becomes sexual assault if there is any kind of touching of a sexual nature without consent. It is also sexual assault to threaten to have sexual contact without the person's consent.

No always means no and only yes, expressed by words or actions, means yes. A person cannot rely on implied consent as a defence to sexual assault. Unless the person agrees to the activity it is sexual assault. Their lack of consent does not have to be verbal. It may be expressed by words or conduct. If they did not agree to it, it is sexual assault, even if they did not fight back. If a person is not capable of giving consent, perhaps because they are unconscious (sleeping or passed out), it is sexual assault to engage in any sexual activity with them.

Criminal Harassment

It is a criminal offence for anyone to make a person reasonably fear for their safety or the safety of someone they know by...

  • repeatedly following them or someone they know
  • repeatedly contacting them or someone they know by any means including in-person, in writing, over the phone or by text or email
  • watching a place where they or someone they know is
  • engaging in threatening conduct towards them or someone in their family

No actual injury need occur. The offender does not need to have intended to harm the person. If their behaviour would cause a reasonable person to fear for their safety, it is criminal harassment.

Indecent or Harassing Phone Calls

It is a criminal offence to make an indecent telephone call, or to repeatedly call someone to harass them.

Extortion

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 a sexual act.

Sharing Intimate Images

During a relationship partners may agree to take or exchange intimate images with one another. When the use of such images goes beyond what was originally agreed to or anticipated, it could be against the law. Under the Criminal Code, it is an offence to share intimate images without a person’s consent. Intimate images are broadly defined as images where an individual is nude or semi-nude, or engaged in explicit sexual activity and has a reasonable expectation of privacy.

In Saskatchewan, victims of the unauthorized sharing of intimate images may also start a civil action for damages.

Civil suits can be in addition to criminal charges or used as an alternative to criminal charges. In civil cases, it is up to the individual who shared the intimate images to prove that they had consent to do so.

PLEA offers free online training on preventing and addressing workplace harassment.

Workplace Harassment Prevention Training

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About PLEA

PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.