The Criminal Code (Revised Statutes of Canada, 1985, Chapter C-46)
Annotation in the margin: Harassment by criminals
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264 (1) No one may, without proper authorization and with knowledge or reckless disregard for whether another person is being harassed or not, engage in conduct described in paragraph (2) in a way that causes the other person to reasonably, under the circumstances, believe that they are being harassed. to be concerned for one's own security or the security of someone close to one
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In passing: Actions that are not allowed
(2) The actions described in (1) include
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(a) Constantly following the other person, or someone they know, from one location to another;
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(b) constant contact, either with the other person or someone else who knows them;
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(c) besieging or keeping an eye on the home or business where the other person or someone they know lives, works, or frequents;
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(d) harassing or threatening the other person's family members
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Note to self: Punishment
(3) Each and every infraction of this subsection constitutes
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(a) an offense punishable by indictment with a maximum possible sentence of ten years in prison; or
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(b) which can result in an immediate conviction
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Annotation in the margin: Things to think about
(4) If a person is found guilty of a crime under this subsection, the court that hands down their sentence must take into account the fact that, at the time the crime was committed, the defendant was in violation of this subsection.
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(a) recognizance entered into under Section 810, 810, or the terms and conditions of an order made under Section 161. 1 or 810 2; or
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(b) any other order, recognizance, or undertaking made or entered into under the common law, this Act, or any other Act of Parliament or of a provincial legislature that is similar in effect to an order, recognizance, or undertaking referred to in paragraph (a).
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A quick remark in the margins: Reasons
(5) If the court finds that an aggravating circumstance meets the criteria of subsection (4) but still chooses not to take it into account when determining the appropriate sentence, it must explain its reasoning.
- R S , 1985, c C-46, s 264
- R S , 1985, c 1st suppl. ), s 37
- 1993, c 45, s 2
- 1997, c 16, s 4, c 17, s 9
- 2002, c 13, s 10
- 2019, c. 25, s. 91
- Code Penal
- 1 - Condensed Title
- 2 - Interpretation
- 3.1 - Part I
- 46 - SECTION II: Disruptions to Public Safety
- 83.01 - Terrorism, Section II.1
- 84 - SECTION III: Firearms and Other Weapons
- 118 - Section Four: Crimes Against the Courts
- 150 - CHAPTERS V AND VI: Sexual Offenses, Public Decay, and Disruptive Behavior
- 183 - VI. Intrusion Into Personal Space
- 183 - Definitions
- 184 - Message Interception
- 197 - Chapter Seven: Dangerous Dwellings, Gambling, and Wagering
- 214 - Offenses against the person and the reputation (Part VIII)
- 320.11 - Infractions Concerning Vehicles (Title VIII, Section 8.1)
- 321 - Crimes Committed Against Property Rights (Chapter 9)
- 379 - CHAPTERS 10: Fraudulent Contracts and Business Deals
- 428 - DANGEROUS AND PROHIBITED ACTIONS WITH RESPECT TO SPECIFIC PROPERTY, ARTICLE XI
- 448 - Offenses involving currency are discussed in Chapter XII.
- 462.1 - SECTION XII.1 - [Abolished: 2018 Act No.16, Section 211]
- 462.3 - PROCEEDS OF CRIME (SUBPART XII.2)
- 463 - THIRTEENTH CHAPTER: Efforts, Conspiracies, and Aids
- 468 - Chapter XIV: Venue
- 468 - General
- 476 - Exceptional Authority
- 482 - Justice Procedures
- 483 - PART XV - Extraordinary Authority and Procedure
- 493 - COMPULSORY APPEARANCE BEFORE A JUSTICE AND PROVISIONAL RELEASE (PART XVI)
- 530 - Language Used by the Accused in Court, Part XVII
- 535 - Preliminary Inquiry Procedure (Part XVIII)
- 551.1 - SECTION XVIII.1. The Presiding Case Management Judge
- 552 - Section 19. Indictable Crimes; Bench Trials
- 573 - NUNAVUT COURT OF JUSTICE (PART XIX.1)
- 574 - General Jury Trial Procedure and Other Provisions (Part XX)
- 672.1 - SECTION XX.1 - Psychological Illness
- 673 - Chapter XXI: Appeals for Criminal Convictions
- 696.1 - APPLICATIONS FOR MINISTERIAL REVIEW: INACCURACIES IN JUSTICE PART XXI.1
- 697 - The Art of Getting People to Show Up: Section XXII
- 715.21 - Subpart XXII.01: Participation by Certain Individuals Via Remote Media
- 715.3 - Remediation Contracts, Section XXII.1
- 716 - Sentences: Section XXIII
- 752 - DANGEROUS OFFENDERS AND PERMANENT DELINQUENTS PART XXIV
- 752 - Interpretation
- 752.01 - Criminals who repeatedly break the law and those who have been incarcerated for a long time pose a threat to
- 762 - Purpose and Enforcement of Undertakings, Release Orders, and Recognizances
- 774 - EXTRAORDINARY REMEDIES, CHAPTER XXVI
- 785 - Summary Convictions, Section XXVII
- 841 - Various Items: Part XXVIII
- TIMELINE FOR CHAPTER XX.1
- Criminal Infractions for which a Remediation Agreement may be Negotiated and Entered Into (SCHEDULE TO PART XXII.1)
- TIMING [up to Section XXV]
- TIMELINE [to Chapter XXVII]
- INFORMATION REQUIRED FOR SEARCH WARRANT FORM 1
- INFORMATION FORM 2
- FORM 3
- The Indictment Number Four: Title
- Warrant Application Form No. 5
- FORM 5.001: REQUEST FOR PRESERVATION
- Information Requesting a Preservation Order (Form 5.002)
- Protective Order (Form 5.003)
- Instructions for Requesting a Production Order (Form 5.004)
- Order for Document Production (Form 5.005)
- Production Order to Track a Message (Form 5.006)
- Production Order for Transmission Data or Tracking Data (FORM 5.007)
- Financial Reports Production Request (Form 5.008)
- Information Required to Vacate or Modify an Order Issued Pursuant to Sections 487.013 through 487.018 of the Penal Code (Form 5.0081)
- Documentation Needed for a Non-Disclosure Order (Form 5.009)
- Request for Confidentiality (Form 5.0091)
- Information for a Warrant to Take Bodily Substances for Forensic DNA Analysis (FORM 5.01)
- Forensic DNA Analysis Warrant (FORM 5.02)
- Forensic DNA Analysis Authorization Request Form 5.03
- Forensic DNA Analysis Authorization Order (Form 5.04)
- Instructions for Obtaining Permission to Collect Human Tissue for DNA Analysis (Form 5.041)
- Use FORM 5.05 to request permission to collect bodily fluids or tissue for forensic DNA testing.
- Use of Human Tissue for DNA Analysis (Form 5.06)
- Notice to Subject to Have Samples of Bodily Fluids and Tissues Taken for Forensic DNA Analysis (Form 5.061)
- Arrêt Warrant (Form 5.062)
- Report to the Court or Provincial Court Judge (FORM 5.07)
- Request for Permission to Collect Additional Samples of Human Material for Forensic DNA Analysis (Form 5.08).
- The FORM 5.09 is a Permission to Collect Additional Samples of Human Material for Forensic DNA Analysis.
- MODEL 5.1: Search Warrant
- Judicial Reporting Form 5.2
- Document 5.3: Report of Seized Property to the Court
- Summons to an Individual Accused of an Offense (Form 6)
- Warrant for Arrest, Form 7
- Warrant to Enter a Residence (Form 7.1)
- Document No. 8: Committal Warrant
- Pretrial Motion to Extend Time to File Response to Notice of Appearance (Form
- U.S. Government Form No. 10: Declaration of Intent
- DOCUMENT NO. 11: Release Order
- FORM 11.1
- Surety Declaration (Form 12)
- FORM 13
- FORM 14
- Warrant to Transport Accused to Appear Before a Judge in Another Judicial District (Form 15)
- Subpoena for the Attendance of a Witness (Form 16)
- Subpoena of Witness for Criminal Code Section 278.2(1) Proceedings FORM 16.1
- Warrant for a Witness / Form 17
- Absconding Witness Arrest Warrant (Form 18)
- Warrant to Retain a Prisoner (Form 19)
- Request for Committal of Witness for Refusal to Take Oath or Give Evidence (Form 20)
- The Conviction Warrant (FORM 21)
- Warrant of Committal on a Payment Order (Form 22)
- FORM 23: Committal Warrant for Refusal to Post Recognizance to Maintain Peace
- Witness Committal Warrant for Refusal to Enter Into Recognizance (Form 24)
- EXAMPLE FORM 25: Committal Warrant for Contempt
- For the Committal of a Party in Default of Payment of Appeals Costs (Form 26)
- Statement of Commitment Regarding Forfeiture of Funds (Form 27)
- Warrant Endorsement Form 28
- FORM 28.1
- Endorsement Warrant Form 29
- Request to Have an Accused Person Appear Before a Court of Law Before the End of His/Her Remand Period (Form 30)
- Deposition of a Witness Form 31
- Recognizance (Form No. 32)
- Endorsement of Default Certificate (Form 33)
- Official Document #34: The Writ of Fieri Facias
- Declaration of Restitution (Form 34.1)
- Statement of Impact on Victim (Form 34.2)
- Community Impact Statement (Form 34.3)
- Conviction Record (Form 35)
- Document Number 36: Order Issued Against a Violator
- Order of Acquittal (Form 37)
- DOCUMENT NO. 38: Finding of Contempt
- Discharge of a Person from Custody Form (Form 39)
- Request For Array Rebuttal (Form 40)
- Request to Show Cause (Form 41)
- Notice of Deficiency in Payment of Appeal Fees and Costs (Form 42)
- Prisoner Receipt from Jail to Law Enforcement Official Form 43
- FORM 44
- FORM 45
- Format for Probation Order (Form 46)
- A Request For Disclosure of Tax Return Information (Form 47)
- Court Ordered Assessment Form 48
- Review Board Assessment Form 48.1
- Statement of Victim Impact (Form 48.2) - Not Criminally Responsible
- Warrant of Committal (Form 49)
- Warrant of Committal (Form 50)
- Notice of Requirement to Submit Biomaterial Samples (Form 51)
- In accordance with the Sexual Offender Information and Registration Act, please complete FORM 52.
- Notice of Requirement to Comply with the Sexual Offender Information and Registration Act (Form 53).
- SECTION 54: Sex Offender Information Registration Act Obligation
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