Criminal Harassment Lawyer in Mississauga

Criminal harassment, sometimes called stalking, is a serious charge with a maximum sentence of 10 years. It often arises from the end of a relationship, a family dispute, a workplace conflict or repeated online contact. People accused are frequently surprised to learn that behaviour they saw as trying to talk things out has been treated as a crime. The criminal harassment lawyers on our criminal defence team defend these charges in Mississauga and throughout Peel Region, in English and Arabic.

Call 905-361-9791 or book a confidential consultation.

What is criminal harassment?

Under s. 264 of the Criminal Code, criminal harassment happens when a person, without lawful authority, engages in any of the following conduct:

Repeatedly following another person or someone known to them.
Repeatedly communicating with them, directly or indirectly, including calls, texts, emails, social media messages or messages through friends.
Besetting or watching their home, workplace or anywhere they happen to be.
Engaging in threatening conduct directed at them or a family member.

What the Crown has to prove

Criminal harassment has more elements than most offences. The Crown must prove beyond a reasonable doubt that:

The accused engaged in one of the prohibited types of conduct.
The complainant was harassed, meaning tormented, troubled, worried or badgered.
The accused knew the complainant was harassed, or was reckless or wilfully blind to it.
The conduct caused the complainant to fear for their safety or the safety of someone they know.
That fear was reasonable in all the circumstances.

Each element is an opportunity for the defence. Unwanted contact alone is not enough. The Crown must prove a reasonable fear for safety, not just annoyance or upset.

Penalties for criminal harassment

Prosecution	Maximum sentence
Indictable	10 years
Summary conviction	2 years less a day

The court must treat it as an aggravating factor if the conduct breached a restraining order or other court order. A conviction can also lead to a weapons prohibition, long-term no-contact probation terms and, for non-citizens, serious immigration consequences, because the 10-year maximum sentence can make it serious criminality under immigration law.

Common situations behind criminal harassment charges

Repeated contact after a breakup or separation.
Contacting an ex-partner during a custody or family court dispute.
Workplace or business disputes that escalate.
Repeated social media messages or posts, including from new accounts.
Showing up at someone’s home or workplace.
Contact through mutual friends or family members after being asked to stop.

How criminal harassment charges are defended

No reasonable fear for safety. Many complainants are upset or annoyed rather than afraid for their safety. The fear must also be objectively reasonable.
No knowledge or recklessness. If the accused did not know the contact was unwanted, for example because the complainant was also initiating contact, this element may fail.
Not repeated. A single communication is usually not enough unless it amounts to threatening conduct.
Lawful authority. Contact that was legitimately required, for example about children under a court order, or through lawyers.
Full message history. Screenshots can be selective. We obtain full conversation records that often show two-way communication.
Credibility and motive. Allegations made during a separation or family law dispute deserve close scrutiny.

Bail conditions and family court

People charged with criminal harassment are almost always released with strict no-contact conditions. These can make it hard to see your children, return home or deal with shared property. Because Rashidy & Associates practises both criminal and family law, we can coordinate your criminal defence with any parenting, support or property issues. That includes varying bail conditions so you can exercise parenting time through a third party.

Possible outcomes

Withdrawal of the charge.
A peace bond (s. 810), which is not a conviction.
A discharge.
Acquittal at trial.

Why choose Rashidy & Associates

Criminal and family law in one firm.
Detailed review of digital evidence and full communication histories.
English and Arabic service.
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Frequently asked questions

Is texting someone repeatedly criminal harassment?

Not on its own. The Crown must also prove the person reasonably feared for their safety and that you knew, or were reckless about, the fact they were harassed.

What is the difference between criminal harassment and uttering threats?

Uttering threats is a single threatening statement (s. 264.1). Criminal harassment is a pattern of conduct that causes a reasonable fear for safety (s. 264). They are often charged together.

Can I contact my ex about our children if I’m charged?

Only if your release conditions allow it. Most don’t. We can apply to vary conditions so that communication about the children happens through a third party or a parenting app.

Can criminal harassment be resolved with a peace bond?

Often, yes, especially for a first offence where there is no violence. A peace bond avoids a criminal record.

Will a criminal harassment charge affect my immigration status?

It can. With a 10-year maximum sentence, a conviction can lead to inadmissibility for permanent residents. Get combined criminal and immigration advice before you resolve your case.