Criminal harassment under the Criminal Code covers repeatedly following, repeatedly communicating with, watching or besetting the home or workplace of, or engaging in threatening conduct toward a person or someone known to them, where the conduct causes the other person to reasonably fear for their safety. It is a hybrid offence carrying up to 10 years on indictment. The Crown must prove the prohibited conduct, that the complainant was actually harassed, that the accused knew or was reckless about causing that harassment, and that the resulting fear was objectively reasonable. No physical contact is required.
- Criminal harassment does not require any physical contact — repeated unwanted conduct causing a reasonable fear for safety is enough.
- The Criminal Code lists four categories of prohibited conduct: repeated following, repeated communication, watching or besetting a home or workplace, and threatening conduct.
- The Crown must prove the complainant was actually harassed, that you knew or were reckless about it, and that the resulting fear was objectively reasonable — not just subjectively felt.
- It is a hybrid offence, carrying up to 10 years on indictment, with a lower maximum if the Crown proceeds summarily.
- Conduct that feels completely innocent to the person doing it — repeated texts trying to "work things out," for example — can still meet the legal threshold if it continues after being asked to stop.
- These charges frequently arise from the breakdown of a personal or romantic relationship, which is a distinct context from a true stranger-stalking case.
The Short Answer
Criminal harassment — what is commonly called stalking — is one of the few serious Criminal Code offences that requires no physical contact, injury, or direct threat at all in most of its forms. Repeated unwanted conduct that causes someone to reasonably fear for their safety, or the safety of someone they know, can be enough on its own. It is a hybrid offence carrying up to 10 years on indictment.
The Four Types of Prohibited Conduct
The Criminal Code identifies four categories of conduct that can support a criminal harassment charge:
- Repeatedly following the complainant, or anyone known to them, from place to place.
- Repeatedly communicating with the complainant, or anyone known to them, directly or indirectly — including by phone, text, email, or social media.
- Watching or besetting the home, workplace, or any place the complainant, or someone known to them, happens to be.
- Engaging in threatening conduct directed at the complainant or a member of their family.
Three of the four categories specifically require conduct to be repeated — a single phone call or a single instance of following someone is generally not enough on its own. A pattern, even over a short period, is what the offence is built around.
What the Crown Must Prove
Beyond showing that the prohibited conduct occurred, the Crown must establish that the complainant was actually harassed by it, that the accused knew the complainant was harassed, or was reckless or wilfully blind to it, that the conduct caused the complainant to fear for their safety or that of someone known to them, and that this fear was objectively reasonable given all the circumstances — not merely a subjective feeling of unease.
Penalties
Criminal harassment is a hybrid offence: proceeding by indictment carries a maximum of 10 years, while a summary conviction carries a lower maximum. Where a case actually lands within that range depends on the specific conduct, the relationship between the parties, any history of prior incidents, and the accused's record — considerations explored more generally in our guide on aggravating and mitigating factors in Ontario sentencing.
When It Arises From a Relationship Breakdown
A significant share of criminal harassment charges arise not from stranger stalking but from the breakdown of a romantic or personal relationship — repeated attempts at contact after a breakup, showing up at a former partner's home or workplace, or persistent messaging after being asked to stop. These cases often overlap procedurally with domestic assault proceedings, and in more serious cases can overlap with sexual assault allegations, and can involve no-contact bail conditions that create their own complications, including interactions with family court matters. Where a no-contact condition genuinely needs adjusting later, see our guide on varying bail conditions in Ontario.
Common Defences
- No reasonable fear — arguing the complainant's fear, even if genuinely felt, was not objectively reasonable in the circumstances.
- Lack of knowledge or recklessness — arguing you did not know, and were not reckless about, whether your conduct was causing harassment.
- Conduct does not meet the legal threshold — arguing the behaviour, while perhaps unwelcome, does not fall within one of the four prohibited categories or lacked the required repetition.
- Lawful purpose — in limited circumstances, where conduct had a legitimate purpose unrelated to harassing the complainant.
What to Do If You Are Charged
Stop all contact with the complainant immediately, even contact you believe is well-intentioned — continued contact after a charge is laid can itself constitute a separate bail breach. Get legal advice before your first court appearance, and understand how bail works in Ontario if you have been released on conditions. Call 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
No. The offence is specifically designed to capture non-contact conduct — repeated following, communicating, watching, or threatening — provided it causes the complainant to reasonably fear for their safety. No physical contact, injury, or direct threat of violence is required for a charge.
Repeatedly following the person or someone known to them from place to place; repeatedly communicating with them, directly or indirectly; watching or besetting their home, workplace, or wherever they happen to be; and engaging in threatening conduct directed at them or a family member.
It can be, particularly where the communication continues after being asked to stop and causes the recipient to reasonably fear for their safety. A single unwanted text is unlikely to meet the threshold on its own, but a persistent pattern — especially combined with other conduct — frequently does.
Yes, in part. The Crown must prove the complainant was harassed, that the conduct caused them to fear for their safety or that of someone known to them, and that this fear was objectively reasonable given the circumstances — not simply that the complainant subjectively felt uneasy.
Criminal harassment is a hybrid offence. Proceeding by indictment carries a maximum of 10 years; proceeding summarily carries a lower maximum. The actual outcome in any case depends heavily on the specific conduct, any history between the parties, and the accused's record.
Yes. Three of the four categories of prohibited conduct — repeated following, repeated communication, and watching or besetting — do not require any direct threat at all. Only the fourth category specifically involves threatening conduct.
No, though they can be related. Criminal harassment is a criminal charge requiring the Crown to prove the offence beyond a reasonable doubt. A peace bond is a separate, generally less serious court order that can sometimes resolve harassment-type concerns without a criminal conviction — see our guide on peace bonds in Ontario.