What constitutes criminal harassment in Canada?

Criminal harassment, commonly known as "stalking," is a criminal offence. Unlike many crimes that are defined by actions leading to clear physical harm, criminal harassment focuses on intentional behavior that causes psychological harm to others. This offense often involves repeated actions over a period of time that cause the victim to reasonably fear for their safety, even if no physical injury occurs.

As per section 264(2) of the Criminal Code, conduct that may constitute criminal harassment includes:

  1. repeatedly following from place to place the other person or anyone known to them;
  2. repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
  3. besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
  4. engaging in threatening conduct directed at the other person or any member of their family.


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