Affordable Ottawa Criminal Harassment Defence Lawyers
Criminal harassment, often referred to as “stalking,” is a serious offence in Canada. While these charges are taken seriously by the courts, false accusations and misunderstandings are also common.
A conviction can result in lasting consequences, including a criminal record that impacts your rights, employment, and future opportunities.
If you have been charged with criminal harassment in Ottawa, securing experienced legal representation is crucial. At Affordable Defence, we understand the complexities of these cases and will work to challenge weak evidence, seek reduced charges, or have your case dismissed whenever possible.
Contact us today for a free consultation to discuss your defence strategy.
What is criminal harassment in Ontario?
Criminal harassment, commonly referred to as stalking, is defined under Section 264 of the Criminal Code of Canada. It involves engaging in repetitive, obsessive, or unwanted behaviour that causes an individual to feel fear for their safety or the safety of others they care about. In Ontario, this can include actions such as repeatedly following someone, sending persistent communications, or lurking around their home or workplace.
Under Canadian law, criminal harassment is taken very seriously, and the penalties can be severe. The law specifically prohibits conduct that causes another person to fear for their well-being, including actions like:
- Repeatedly following an individual or someone they know from place to place
- Engaging in constant and unwanted communication, either directly or indirectly, with the person or their acquaintances
- Watching or loitering around the person’s home, workplace, or other frequent locations
- Making threats directed at the individual or their family members
If you have been charged with criminal harassment in Ottawa, it’s crucial to understand the severity of the charge and the potential impact on your future. Contact Affordable Defence today to discuss your legal options with experienced criminal defence lawyers. We will help you navigate the complexities of the legal system and work to protect your rights throughout the process.
What are “repeatedly following” and “repeatedly communicating”?
In the context of criminal harassment, “repeatedly” refers to actions that occur more than once, especially those that are beyond what would generally be considered acceptable or normal. For instance, “repeatedly following” means to track or shadow someone multiple times, without their consent, over a period of time. It’s not limited to a single occurrence, but rather involves an ongoing pattern of behaviour.
When it comes to criminal harassment, actions like following someone home on multiple occasions or engaging in persistent, unwelcome communication are significant. These actions, if they cause the individual to feel fear, annoyance, or distress, may be interpreted as criminal harassment. In particular, actions like showing up at a person’s home or workplace uninvited, or making frequent and unwelcome attempts to contact them—whether through calls, messages, or social media—can all qualify as “repeated” conduct.
The idea of what constitutes “repeatedly” is highly subjective, and this element of the offence is often debated in court. Defendants may argue that their actions were not frequent enough or not intended to cause distress. As a result, the interpretation of what is “repeated” can vary depending on the circumstances and the specifics of the case.
If you’re facing criminal harassment charges in Ottawa, having a skilled criminal defence lawyer is crucial to challenge these elements of the case. Contact Affordable Defence to get expert legal guidance tailored to your situation.
How to prove criminal harassment in Ontario
To secure a conviction in a criminal harassment case, the Crown Prosecution will need to prove the following:
- The defendant engaged in any of the actions outlined in the Criminal Code description of the offence (repeatedly following, communicating, watching or threatening the complainant)
- The complainant was harassed
- The defendant knew that the complainant was harassed or was reckless or willfully blind to it
- The conduct caused the complainant to fear for his or her safety or the safety of anyone known to him or her
- The complainant’s fear was reasonable
For the final element (that the complainant’s fear was reasonable), the court will examine whether a reasonable person, in the same circumstances, would feel threatened.
Criminal harassment cases generally involve consideration of the circumstances surrounding the alleged harassment as well as any history between the complainant and the defendant, as well as the gender of the complainant.
Note that the prosecution does not need to prove that the complainant suffered any physical or mental harm – only that they felt threatened.
What Are the Possible Defences Against a Harassment Charge in Ottawa?
If you’ve been charged with criminal harassment in Ottawa, it’s crucial to work with an experienced criminal defence lawyer to explore all possible defences available to you. The approach we take will depend on the specific circumstances of your case. At Affordable Defence, we have successfully used several defences in criminal harassment cases, including:
Unreasonable Fear
A key element in criminal harassment charges is proving that the complainant’s fear was reasonable. If the actions or communications between you and the complainant wouldn’t be considered threatening by an ordinary person, we may argue that the complainant’s fear was unreasonable, which could lead to the dismissal of charges.
No Intent to Cause Fear
Criminal harassment charges require the intent to cause fear. If you can prove that you were unaware (and could not reasonably have known) that your actions would lead to fear for someone’s safety, this could be a strong defence. Without intent, the charges may not stand.
Lawful Authority
If it can be demonstrated that you had lawful authority to engage in frequent communication or interaction with the complainant, the charges may be dismissed. For example, regular communication for the purpose of debt collection, or as part of a family court order, does not constitute harassment.
Violation of Constitutional Rights
Under the Canadian Charter of Rights and Freedoms, law enforcement must adhere to specific procedures during the investigation and arrest process. If your constitutional rights were violated in any way, such as through unlawful searches or failure to inform you of your rights, any evidence obtained may be inadmissible, which could result in the case being dropped.
Mistaken Identity
In some cases, mistaken identity can be a viable defence, particularly if there is little or no surveillance footage to substantiate the complainant’s allegations. If the evidence against you is unclear or unreliable, we may challenge the identification to prove your innocence.
At Affordable Defence in Ottawa, we carefully evaluate all aspects of your case to identify the best possible defence strategy. Our goal is to protect your rights and achieve the most favourable outcome, whether through case dismissal, a reduction of charges, or a defence in court.
Sometimes, the motive of the complainant must be probed by a defence lawyer to find out why the complaint was made. There can be an ulterior motive in some cases, which may call into doubt the testimony provided and aid the defence.
Penalties for criminal harassment in Ontario
If you are convicted of criminal harassment in Ontario, the consequences can be severe, both in the short and long term. A conviction carries the risk of jail time, hefty fines, and most notably, a permanent criminal record that could have lasting effects on your life.
Although prison time is not typical for a criminal harassment conviction, aggravating factors may influence a judge to impose a jail sentence. As outlined in Section 264 of the Criminal Code, criminal harassment carries a maximum penalty of resulting in up to 10 years of incarceration. However, many factors—such as the nature of the offence, your criminal history, and personal circumstances—can influence the severity of the penalty.
At Affordable Defence, we work diligently to help our clients avoid harsh penalties. Our experienced criminal defence lawyers may be able to negotiate with the prosecutor to reduce the charges to a lesser offence, often involving probation and fines. Additionally, we can advocate for leniency in sentencing by presenting mitigating factors to the judge, who has significant discretion in criminal harassment cases.
The long-term impact of a criminal harassment conviction can be profound. A criminal record will appear on background checks, making it more challenging to secure employment, especially in certain industries that require background screening. If you’re a non-citizen, a conviction could jeopardize your immigration status or future immigration applications. Moreover, Canadian citizens may face difficulties travelling to the United States due to a criminal record.
In some cases, a conviction may also result in a mandatory 10-year weapons prohibition, restricting your ability to possess firearms or other weapons. Prosecutors may also seek to have your DNA added to the Canadian DNA Data Bank, which can have ongoing consequences.
Given the serious nature of these potential outcomes, it’s critical to have a knowledgeable and skilled criminal defence lawyer on your side. At Affordable Defence, we are committed to protecting your rights and striving for the best possible outcome in your case.
Affordable defence for criminal harassment in Ottawa
If you are charged with criminal harassment in Ottawa, our experience in such cases can help mitigate the consequences for you.
At Affordable Defence, our skilled criminal lawyers can protect your rights and freedoms and defend you against the charge. Contact us online for a free case evaluation or call us directly with any questions at (613)-223-4089.
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