Criminal harassment or commonly referred to as “stalking” is a criminal offence encapsulated under
Section 264(1) of the Criminal Code of Canada. The Criminal Code of Canada defines criminal
harassment as engaging in prohibited conduct without lawful authority, knowing that the conduct harasses
another person or being reckless as to whether it does, and causing the victim to reasonably fear for their
safety or that of someone known to them. The offence covers behaviours like stalking, unwanted
communication, or threats that create a reasonable fear, even if no physical harm occurs.
To prove a criminal harassment allegation, the Crown must prove beyond a reasonable doubt the
following conduct:
- Prohibited Conduct: The accused engaged in one or more of the following acts listed in Section 264(2):
- Repeatedly following the victim or someone known to them.
- Repeatedly communicating with the victim or someone known to them, directly or indirectly.
- Besetting or watching the victim’s home, workplace, or other frequented place.
- Engaging in threatening conduct directed at the victim or their family.
- Knowledge or Recklessness: The accused knew their conduct was harassing, reckless, or was wilfully blind as to whether it caused harassment.
- Reasonable Fear: The victim reasonably feared for their safety, physically or psychologically, or the safety of someone known to them. The fear must be objectively reasonable, meaning a reasonable person in similar circumstances would also feel threatened.
- Lawful Authority: The conduct was not justified by law.
In the context of criminal harassment, under Sections 264(2) of the Criminal Code of Canada, the term “repeatedly” refers to conduct that occurs multiple times, generally exceeding one or two instances. The
conduct must be deemed excessively frequent, taking into account the specific circumstances of the
case.
The Court must determine whether a reasonable person, situated in the complainant’s specific
circumstances, would fear for their own safety or the safety of someone known to them. In evaluating the
reasonableness of the complainant’s fear, the Court must consider relevant factors, including, but not
limited to, the complainant’s gender and history of the prior relationship between the complainant and the
accused.
The severity of criminal harassment can influence the penalties. If convicted on indictment, an individual
may be liable to imprisonment for a maximum of 10 years.
If you require legal assistance for criminal harassment or other offences against a person, please contact us now for a confidential consultation.
Forcible Confinement
Forcible confinement is encapsulated under Section 279(2) of the Criminal Code of Canada and involves
the unlawful restricting of another person’s liberty by confining, imprisoning, or forcibly seizing them
without their consent and without lawful authority. The offence is designed to protect personal freedom
and autonomy, addressing situations where an individual is physically or psychologically coerced into
remaining in a particular place or situation against their will.
In forcible confinement cases, the Crown must substantiate several elements beyond a reasonable doubt
for a conviction. These elements include:
- Confinement: The accused restricted the victim’s freedom of movement. This can include physical restraint, psychological coercion, and forcible seizure.
- Without Consent: The victim did not voluntarily agree to the confinement. Consent obtained through duress, fear, or deception is not valid.
- Lawful Authority: The accused had no legal justification for the confinement.
- Intent: The accused intentionally confined the victim.
The severity of forcible confinement can influence the penalties. If convicted on indictment, an individual
may be liable to imprisonment for a maximum of 10 years.
Kidnapping
Captured in Section 279(1) of the Criminal Code of Canada, kidnapping involves the unlawful
confinement, transport, or abduction of a person against their will, typically with the intent to achieve a
specific purpose, such as holding the victim for ransom, as a hostage, or to facilitate another crime. The
offence is designed to protect personal liberty and safety, reflecting the severity of depriving someone of
their freedom.
Kidnapping is distinct from related offences such as forcible confinement or abduction. Abduction often
involve minors or parental disputes.
In kidnapping cases, the Crown must substantiate several elements beyond a reasonable doubt for a
conviction. These elements include:
- Unlawful Act: The accused forcibly seized, confined, imprisoned, or transported the victim without lawful authority
- Victim’s Consent: The victim was taken or confined against their will. Consent obtained through force, threats, or deception does not negate this element.
- Intent: The accused acted with one of the specific intents listed in Section 279(1), such as: to confine or imprison the victim, to send or transport the victim out of Canada, to hold the victim for ransom, as a hostage, or to assist in committing or escaping another offence.
- Identity of the Accused: The accused was the person who committed the act or was a party to the offence.
The aggravating and mitigating circumstances of each case relating to kidnapping can drastically
influence the penalties.
If you require legal assistance for forcible confinement, kidnapping, or other offences against a person,
please contact us now for a confidential consultation.
“Trafficking in persons” or commonly referred to as “human trafficking” comprises of the recruitment,
transportation, or harbouring of individuals through force, coercion, deception, or abuse of power for the
purpose of exploitation, such as forced labour, sexual exploitation, or organ removal. The offence targets
severe violations of human rights and personal autonomy.
The Criminal Code of Canada has a number of offences in relation to human trafficking. The offences
include trafficking in persons, trafficking of a person under the age of eighteen years, material benefit –
trafficking, material benefit – trafficking of a person under the age of eighteen years, withholding or
destroying documents – trafficking, withholding or destroying documents – trafficking of a person under
the age of eighteen years, and exploitation.
Human trafficking is not only encapsulated in the Criminal Code of Canada, it is also supplemented by
provisions in the Immigration and Refugee Protection Act (IRPA). The Immigration and Refugee
Protection Act addresses cross-border human trafficking, prohibiting bringing a person into Canada by
abduction, fraud, deception, or use of force for illegal purposes.
If you require legal assistance for human trafficking or other offences against a person, please contact us
now for a confidential consultation.