Criminal Harassment, contrary to section 264 of the Criminal Code can be carried out in a variety of ways. In order for a court to find an accused guilty of this offence, it must be satisfied with all of the following:

1. The accused person engaged in one of the following acts (with the general intent to do so):
   1. Repeatedly following the alleged victim (or someone known to them) from place to place;
   2. Repeatedly communicating (directly or indirectly) with the alleged victim or someone known to them;
   3. Besetting or watching the dwelling-house, or place where the alleged victim, or anyone known to them, resides, works, carries on business or happens to be;
   4. Engaging in threatening conduct directed at the alleged victim or any member of their family.
2. The alleged victim was in fact harassed by the prohibited conduct listed above.
3. The prohibited course of conduct caused the alleged victim to fear for their safety or the safety of someone known to them and this fear was reasonable.
4. That the accused either:
   1. Knew that the alleged victim targeted by the harassing conduct was harassed;
   2. Was wilfully blind as to whether the alleged victim was harassed; or
   3. Was reckless as to whether the alleged victim was harassed.
5. That there was an absence of lawful authority for the accused person to be engaging in the alleged conduct.

As can be seen from the above, there are a number of factors to be considered in proving this type of charge and an experienced Criminal Defence Lawyer will be able to further your case by putting each and every one of them to the test through effective cross-examination of the Crown witnesses. An experienced Criminal Defence Lawyer will also be able to assist you in determining if you have a positive defence available, such as the establishment of lawful authority for engaging in the impugned conduct.

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