Harassment isn't always easy to identify. It can start with late-night texts. Unexpected appearances. Unwanted attention. At first, it may seem like bad behaviour or poor boundaries. What starts as an annoyance can become something much more serious, sometimes into criminal territory.
A recent CBC report detailed how a Vancouver journalist was subjected to months of harassing communications, threats, and intimidation after reporting on gang violence. In another case, female police officers in British Columbia spoke publicly about internal harassment and how the systems in place did little to protect them. These examples raise an important question: when does harassment become a criminal matter? What does it take for persistent or inappropriate conduct to cross the line into criminality?
The Criminal Code of Canada clearly outlines what constitutes criminal harassment. But confusion still exists, particularly around the distinctions between workplace harassment, sexual harassment, and criminal harassment.
In this post, we'll break down the legal definition, explore the different forms of harassment (and what makes something criminal), and answer common questions about charges, sentencing, and related offences. Whether you're looking for clarity on a situation you're involved in or simply want to better understand the law, this guide provides a grounded, practical overview of criminal harassment in British Columbia.
What Is Harassment Under the Criminal Code?
Criminal harassment is addressed under Section 264 of the Criminal Code. The law makes it a criminal offence to engage in conduct that causes someone to reasonably fear for their safety, or the safety of someone they know.
The section of the Criminal Code reads:
No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of
(a) repeatedly following from place to place the other person or anyone known to them;
(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) 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
(d) engaging in threatening conduct directed at the other person or any member of their family.
The key legal test is whether a reasonable person, in all the circumstances, would fear for their safety.
What Is the Difference Between Criminal, Sexual, and Workplace Harassment?
This is where many people get confused.
- Criminal harassment is a criminal offence, prosecuted by the Crown. It's about unwanted behaviour that causes fear for personal safety. It often involves stalking, threats, or obsessive contact.
- Sexual harassment, while sometimes overlapping with criminal conduct, refers to unwanted behaviour of a sexual nature.
- Workplace harassment is typically governed by provincial legislature (such as B.C.'s Workers Compensation Act). It could involve bullying, undermining, or verbal abuse that creates a toxic work environment.
What Are Some Examples of Criminal Harassment?
The conduct referred to in Section 264 often shows up in patterns, not isolated events. Here are some real-world scenarios that can lead to a criminal harassment charge:
- Repeated phone calls or messages, especially after being asked to stop
- Showing up uninvited at someone's home, workplace, or school
- Leaving threatening voicemails, emails, or harassing communications
- Following someone on foot or in a vehicle, especially over multiple days
- Public confrontations or surveillance that feel targeted and persistent
It's important to remember that lawful excuses or legitimate reasons, such as serving legal papers or fulfilling parental obligations, can sometimes apply. But without those, behaviour can quickly cross into prohibited conduct if it's persistent and causes fear.
What Are the Legal Consequences?
Criminal harassment is a hybrid offence in Canada. That means the Crown can choose to proceed either by summary conviction or as an indictable offence, depending on the severity of the conduct and the accused's criminal history.
- For an offence punishable on summary conviction, the maximum penalty is 24 months imprisonment.
- If prosecuted as an indictable offence, the person is liable to imprisonment for up to 10 years.
Where there's an element of physical violence, use of a restricted firearm, or a breach of a recognizance referred to in prior court proceedings, those are considered aggravating factors.
At sentencing, the court imposing punishment will consider many factors. All details shape the outcome.
