The Criminal Code (Revised Statutes of Canada, 1985, Chapter C-46)

Criminal Harassment264 (1) No person shall, without lawful authority and knowing that another person is harassed or reckless as to whether the… Previous PageTable of ContentsNext Page Marginal note:Criminal Harassment

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As a side note: Harassment by criminals

  • 264  (1) Without proper authorization, and with knowledge or reckless indifference as to whether another person is being harassed, no one may engage in conduct described in paragraph (2) in a way that would reasonably, considering all the circumstances, be expected to fear for his or her safety. to be concerned for one's own security or the security of someone close to one

  • Note to self: Actions that are not allowed

    (2) The actions described in (1) include

    • (a) persistently following the other person, or someone they know, from one location to another;

    • (b) constant contact, either with the other person or someone else who knows them;

    • (c) besieging or keeping an eye on the home or business where the other person or someone they know lives, works, or frequents; or

    • (d) harassing or threatening the other person's family members

  • Note to self: Punishment

    (3) Each and every infraction of this subsection constitutes

    • (a) an indictable crime and faces a possible sentence of up to ten years in prison; or

    • (b) which can result in an immediate conviction

  • 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.

    • (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

    • (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).

  • Observation for 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. 911
  • The Penal Law
    • 1 - Short TitleCondensed Title
    • 2 - Interpretation
    • 3.1 - Part I
    • 46 - PART II - Offences Against Public OrderCrimes Disturbing Public Safety and Security
    • 83.01 - PART II.1 - TerrorismTerrorism, Section II.1
    • 84 - PART III - Firearms and Other WeaponsSECTION III: Firearms and Other Weapons
    • 118 - PART IV - Offences Against the Administration of Law and JusticeSection Four: Crimes Against the Courts
    • 150 - PART V - Sexual Offences, Public Morals and Disorderly ConductCHAPTERS V AND VI: Sexual Offenses, Public Decay, and Disruptive Behavior
    • 183 - PART VI - Invasion of PrivacyVI. Intrusion Into Personal Space
      • 183 - Definitions
      • 184 - Interception of CommunicationsMessage Interception
    • 197 - PART VII - Disorderly Houses, Gaming and BettingSECTION VII: Dangerous Establishments for Gambling and Other Forms of Gambling
    • 214 - PART VIII - Offences Against the Person and ReputationOffenses against the person and the reputation (Part VIII)
    • 320.11 - PART VIII.1 - Offences Relating to ConveyancesInfractions Concerning Vehicles (Title VIII, Section 8.1)
    • 321 - PART IX - Offences Against Rights of PropertyCrimes Committed Against Property Rights (Chapter 9)
    • 379 - PART X - Fraudulent Transactions Relating to Contracts and TradeCHAPTERS 10: Fraudulent Contracts and Business Deals
    • 428 - PART XI - Wilful and Forbidden Acts in Respect of Certain PropertyARTICLE XI - Unlawful Acts Regarding Specific Property
    • 448 - PART XII - Offences Relating to CurrencyOffenses involving currency are discussed in Chapter XII.
    • 462.1 - PART XII.1 - [Repealed, 2018, c. 16, s. 211]SECTION XII.1 - [Abolished: 2018 Act No.16, Section 211]
    • 462.3 - PART XII.2 - Proceeds of CrimePROCEEDS OF CRIME, PART XII.2
    • 463 - PART XIII - Attempts — Conspiracies — AccessoriesTHIRTEENTH CHAPTER: Efforts, Conspiracies, and Aids
    • 468 - PART XIV - JurisdictionChapter XIV: Venue
      • 468 - General
      • 476 - Special JurisdictionExceptional Authority
      • 482 - Rules of CourtJustice Procedures
    • 483 - PART XV - Special Procedure and PowersPART XV - Extraordinary Authority and Procedure
    • 493 - PART XVI - Compelling Appearance of Accused Before a Justice and Interim ReleaseCOMPULSORY APPEARANCE BEFORE A JUSTICE AND PROVISIONAL RELEASE (PART XVI)
    • 530 - PART XVII - Language of AccusedPARAGRAPH XVII - Accused Witnesses' Statements
    • 535 - PART XVIII - Procedure on Preliminary InquiryPreliminary Inquiry Procedure (Part XVIII)
    • 551.1 - PART XVIII.1 - Case Management JudgeSECTION XVIII.1. The Presiding Case Management Judge
    • 552 - PART XIX - Indictable Offences — Trial Without JurySection 19. Indictable Crimes; Bench Trials
    • 573 - PART XIX.1 - Nunavut Court of JusticeNUNAVUT COURT OF JUSTICE (PART XIX.1)
    • 574 - PART XX - Procedure in Jury Trials and General ProvisionsJURY PROCEDURES AND GENERAL PROVISIONS (PART XX)
    • 672.1 - PART XX.1 - Mental DisorderSECTION XX.1 - Psychological Illness
    • 673 - PART XXI - Appeals — Indictable OffencesChapter XXI: Appeals for Criminal Convictions
    • 696.1 - PART XXI.1 - Applications for Ministerial Review — Miscarriages of JusticeAPPLICATIONS FOR MINISTERIAL REVIEW: INACCURACIES IN JUSTICE PART XXI.1
    • 697 - PART XXII - Procuring AttendanceProcuring Participation: SECTION XXII
    • 715.21 - PART XXII.01 - Remote Attendance by Certain PersonsSubpart XXII.01: Participation by Certain Individuals Via Remote Media
    • 715.3 - PART XXII.1 - Remediation AgreementsRemediation Contracts, Section XXII.1
    • 716 - PART XXIII - SentencingSentences: Section XXIII
    • 752 - PART XXIV - Dangerous Offenders and Long-term OffendersDANGEROUS OFFENDERS AND PERMANENT DELINQUENTS PART XXIV
      • 752 - Interpretation
      • 752.01 - Dangerous Offenders and Long-Term OffendersHabitual Criminals and Other Dangerous Offenders
    • 762 - PART XXV - Effect and Enforcement of Undertakings, Release Orders and RecognizancesRecognizances, Release Orders, and Undertakings: Effect and Enforcement
    • 774 - PART XXVI - Extraordinary RemediesEXTRAORDINARY REMEDIES, CHAPTER XXVI
    • 785 - PART XXVII - Summary ConvictionsSummary Convictions, Section XXVII
    • 841 - PART XXVIII - MiscellaneousVarious Items: Part XXVIII
    • SCHEDULE TO PART XX.1TIMELINE FOR CHAPTER XX.1
    • SCHEDULE TO PART XXII.1 - Offences in respect of which a remediation agreement may be entered intoSchedule to Chapter XXII, Section 1: Infractions for Which a Remediation Agreement May Be Negotiated
    • SCHEDULE [to Part XXV] DATE [to Section XXV]
    • SCHEDULE [to Part XXVII] TIMELINE [to Chapter XXVII]
    • FORM 1 - Information To Obtain a Search WarrantINFORMATION REQUIRED FOR SEARCH WARRANT FORM 1
    • FORM 2 - InformationINFORMATION FORM 2
    • FORM 3
    • FORM 4 - Heading of IndictmentThe Indictment Number Four: Title
    • FORM 5 - Warrant To SearchWarrant Application Form No. 5
    • FORM 5.001 - Preservation DemandFORM 5.001: REQUEST FOR PRESERVATION
    • FORM 5.002 - Information To Obtain a Preservation OrderInformation Requesting a Preservation Order (Form 5.002)
    • FORM 5.003 - Preservation OrderPreservation Order, Form 5.003
    • FORM 5.004 - Information To Obtain a Production OrderInstructions for Requesting a Production Order (Form 5.004)
    • FORM 5.005 - Production Order for DocumentsOrder for Document Production (Form 5.005)
    • FORM 5.006 - Production Order To Trace a CommunicationProduction Order to Track a Message (Form 5.006)
    • FORM 5.007 - Production Order for Transmission Data or Tracking DataProduction Order for Transmission Data or Tracking Data (FORM 5.007)
    • FORM 5.008 - Production Order for Financial DataProduction Order for Financial Data - FORM 5.008
    • FORM 5.0081 - Information To Revoke or Vary an Order Made Under Any of Sections 487.013 to 487.018 of the Criminal CodeInformation Required to Vacate or Modify an Order Issued Pursuant to Sections 487.013 through 487.018 of the Penal Code (Form 5.0081)
    • FORM 5.009 - Information To Obtain a Non-Disclosure OrderTo Apply For A Non-Disclosure Order: FORM 5.009
    • FORM 5.0091 - Non-Disclosure OrderOrder for Confidentiality (FORM 5.0091)
    • FORM 5.01 - Information To Obtain a Warrant To Take Bodily Substances for Forensic DNA AnalysisInformation for a Warrant to Take Bodily Substances for Forensic DNA Analysis (FORM 5.01)
    • FORM 5.02 - Warrant Authorizing the Taking of Bodily Substances for Forensic DNA AnalysisForensic DNA Analysis Warrant (FORM 5.02)
    • FORM 5.03 - Order Authorizing the Taking of Bodily Substances for Forensic DNA AnalysisForensic DNA Analysis Authorization Request Form 5.03
    • FORM 5.04 - Order Authorizing the Taking of Bodily Substances for Forensic DNA AnalysisInstructions for Obtaining Permission to Collect Human Tissue for DNA Analysis (Form 5.04)
    • FORM 5.041 - Order to a Person To Have Bodily Substances Taken for Forensic DNA AnalysisInstructions for Obtaining Permission to Collect Human Tissue for DNA Analysis (Form 5.041)
    • FORM 5.05 - Application for an Authorization To Take Bodily Substances for Forensic DNA AnalysisUse FORM 5.05 to request permission to collect bodily fluids or tissue for forensic DNA testing.
    • FORM 5.06 - Authorization To Take Bodily Substances for Forensic DNA AnalysisUse of Human Tissue for DNA Analysis (Form 5.06)
    • FORM 5.061 - Summons to a Person To Have Bodily Substances Taken for Forensic DNA AnalysisNotice to Subject to Have Samples of Bodily Fluids and Tissues Taken for Forensic DNA Analysis (Form 5.061)
    • FORM 5.062 - Warrant for ArrestArrêt Warrant (Form 5.062)
    • FORM 5.07 - Report to a Provincial Court Judge or the CourtReport to the Court or Provincial Court Judge (FORM 5.07)
    • FORM 5.08 - Application for an Authorization To Take Additional Samples of Bodily Substances for Forensic DNA AnalysisFORM 5.08 - Request for Permission to Collect Additional Samples of Human Material for Forensic DNA Analysis
    • FORM 5.09 - Authorization To Take Additional Samples of Bodily Substances for Forensic DNA AnalysisThe FORM 5.09 is a Permission to Collect Additional Samples of Human Material for Forensic DNA Analysis.
    • FORM 5.1 - Warrant To SearchWarrant To Search (Form 5.1)
    • FORM 5.2 - Report to a JusticeReport to the Court (Form 5.2)
    • FORM 5.3 - Report to a Judge of Property SeizedDocument 5.3: Report of Seized Property to the Court
    • FORM 6 - Summons to a Person Charged with an OffenceSummons to an Individual Accused of an Offense (Form 6)
    • FORM 7 - Warrant for ArrestWarrant of Arrest (Form 7)
    • FORM 7.1 - Warrant To Enter Dwelling-houseWarrant to Enter a Residence (Form 7.1)
    • FORM 8 - Warrant for CommittalDocument No. 8: Committal Warrant
    • FORM 9 - Appearance NoticeDocument No. 9: Notice of Appearance
    • FORM 10 - UndertakingU.S. Government Form No. 10: Declaration of Intent
    • FORM 11 - Release OrderDOCUMENT NO. 11: Release Order
    • FORM 11.1
    • FORM 12 - Surety DeclarationSurety Declaration (Form 12)
    • FORM 13
    • FORM 14
    • FORM 15 - Warrant To Convey Accused Before Justice of Another Territorial DivisionWarrant to Transfer Defendant to the Jurisdiction of Another Territory Division (Form 15)
    • FORM 16 - Subpoena to a WitnessSubpoena for the Attendance of a Witness (Form 16)
    • FORM 16.1 - Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal CodeSubpoena of Witness for Criminal Code Section 278.2(1) Proceedings FORM 16.1
    • FORM 17 - Warrant for WitnessWarrant for a Witness / Form 17
    • FORM 18 - Warrant To Arrest an Absconding WitnessAbsconding Witness Arrest Warrant (Form 18)
    • FORM 19 - Warrant Remanding a PrisonerWarrant to Retain a Prisoner (Form 19)
    • FORM 20 - Warrant of Committal of Witness for Refusing to Be Sworn or to Give EvidenceRequest for Committal of Witness for Refusal to Take Oath or Give Evidence (Form 20)
    • FORM 21 - Warrant of Committal on ConvictionThe Conviction Warrant (FORM 21)
    • FORM 22 - Warrant of Committal on an Order for the Payment of MoneyPayment Order Committal Warrant (Form 22)
    • FORM 23 - Warrant of Committal for Failure To Furnish Recognizance To Keep the PeaceFORM 23: Committal Warrant for Refusal to Post Recognizance to Maintain Peace
    • FORM 24 - Warrant of Committal of Witness for Failure to Enter into RecognizanceWitness Committal Warrant for Refusal to Enter Into Recognizance (Form 24)
    • FORM 25 - Warrant of Committal for ContemptEXAMPLE FORM 25: Committal Warrant for Contempt
    • FORM 26 - Warrant of Committal in Default of Payment of Costs of an AppealFor the Committal of a Party in Default of Payment of Appeals Costs (Form 26)
    • FORM 27 - Warrant of Committal on Forfeiture of AmountsWarrant of Committal on Forfeiture of Amounts (Form 27).
    • FORM 28 - Endorsement of WarrantA Warrant Endorsement (Form 28)
    • FORM 28.1
    • FORM 29 - Endorsement of WarrantEndorsement Warrant Form 29
    • FORM 30 - Order for Accused to Be Brought Before Justice Prior to Expiration of Period of RemandRequest to Have an Accused Person Appear Before a Court of Law Before the End of His/Her Remand Period (Form 30)
    • FORM 31 - Deposition of a WitnessDeposition of a Witness Form 31
    • FORM 32 - RecognizanceRecognizance (Form No. 32)
    • FORM 33 - Certificate of Default to Be EndorsedEndorsement of Default Certificate (Form 33)
    • FORM 34 - Writ of Fieri FaciasOfficial Document #34: The Writ of Fieri Facias
    • FORM 34.1 - Statement on RestitutionStatement of Restitution (Form 34.1)
    • FORM 34.2 - Victim Impact StatementStatement of Impact on Victim (Form 34.2)
    • FORM 34.3 - Community Impact StatementCommunity Impact Statement (Form 34.3)
    • FORM 35 - ConvictionConviction Record (Form 35)
    • FORM 36 - Order Against an OffenderDocument Number 36: Order Issued Against a Violator
    • FORM 37 - Order Acquitting AccusedOrder of Acquittal (Form 37)
    • FORM 38 - Conviction for ContemptDOCUMENT NO. 38: Finding of Contempt
    • FORM 39 - Order for Discharge of a Person in CustodyDischarge of a Person from Custody Form (Form 39)
    • FORM 40 - Challenge To ArrayRequest For Array Rebuttal (Form 40)
    • FORM 41 - Challenge for CauseRequest to Show Cause (Form 41)
    • FORM 42 - Certificate of Non-payment of Costs of AppealNotice of Deficiency in Payment of Appeal Fees and Costs (Form 42)
    • FORM 43 - Jailer’s Receipt to Peace Officer for PrisonerThe Prisoner Receipt from the Jail to the Officer (Form 43)
    • FORM 44
    • FORM 45
    • FORM 46 - Probation OrderFormat for Probation Order (Form 46)
    • FORM 47 - Order To Disclose Income Tax InformationA Request For Disclosure of Tax Return Information (Form 47)
    • FORM 48 - Assessment Order of the CourtCourt Ordered Assessment Form 48
    • FORM 48.1 - Assessment Order of the Review BoardReview Board Assessment Form 48.1
    • FORM 48.2 - Victim Impact Statement  —  Not Criminally ResponsibleVictim Impact Statement (Form 48.2) - Denial of Criminal Responsibility
    • FORM 49 - Warrant of CommittalWarrant of Committal (Form 49)
    • FORM 50 - Warrant of CommittalCommittal Warrant (Form 50)
    • FORM 51 - Notice of Obligation To Provide Samples of Bodily SubstanceNotice of Requirement to Submit Biomaterial Samples (Form 51)
    • FORM 52 - Order To Comply with Sex Offender Information Registration ActFORM 52: Request for Compliance with the Sex Offender Information Registration Act
    • FORM 53 - Notice of Obligation To Comply with Sex Offender Information Registration ActNotice of Requirement to Register Sexual Offenders (Form 53)
    • FORM 54 - Obligation To Comply with Sex Offender Information Registration ActSex Offender Information Registration Act Obligation Statement (Form 54)
Time of last edit: 2023-01-17
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