Criminal Harassment Charges in Ontario

Updated October 8, 2026

Criminal harassment allegations often involve messages, repeated contact, monitoring or threatening behaviour. An unpleasant disagreement is not automatically a criminal offence. The precise conduct, its context and the legal test applicable to the dates alleged must be considered together. Do not try to resolve the allegation by contacting the complainant contrary to a release condition.

What does criminal harassment mean?

The current consolidated wording of section 264 of the Criminal Code addresses specified conduct without lawful authority, together with intent to harass, knowledge or recklessness about harassment. The conduct must, in all the circumstances, reasonably be expected to cause the other person to believe that their safety, or the safety of someone known to them, is threatened. Safety expressly includes psychological safety.

The section changed in 2026. Counsel should check the applicable version and commencement provisions against the dates of the allegation. Older explanations and decisions should not be treated as stating the present wording without that review.

What kinds of conduct are covered?

The current section identifies repeated following; monitoring locations, movements, actions or social interactions; repeated direct or indirect communication; watching or besetting specified places; and threatening conduct directed at the person or someone or an animal known to them. Conduct may occur in person, through telecommunications or by other means. The prosecution does not have to establish every listed form of conduct.

How are messages and context assessed?

Disclosure may include message histories, account information, recordings, witness statements, police notes and evidence about previous interactions. Review who sent the communications, their timing, whether the record is complete and what surrounding circumstances show. A screenshot or isolated quotation may not provide the full context, but missing context is not itself a defence.

Preserve complete records and tell counsel about relevant accounts or recordings. Do not delete messages, alter screenshots or ask another person to contact the complainant on your behalf. Any genuine dispute about identity, knowledge, purpose, lawful authority or the statutory safety test must be assessed against the evidence.

What should you do about release conditions?

Read the exact terms of the release order, including any no-contact, distance or location restrictions. An invitation to communicate does not cancel a court-imposed condition. If arrangements for children, property or work create difficulties, seek advice about a lawful variation rather than making your own exception.

What consequences need to be considered?

Criminal harassment can proceed by indictment or summary conviction; the indictable statutory maximum is ten years. That maximum is not a prediction of an individual sentence. A proceeding may also affect immigration status, employment, professional regulation or family arrangements. Discuss those circumstances before deciding whether to give a statement, plead or accept proposed terms.

Sources and scope

This overview draws on Criminal Code section 264. It replaces an outdated general explanation, rather than reproducing historical wording. It is general information, not legal advice. The applicable statutory version, exact charge and disclosure require individual review.