Repeated texts in Ontario: harassing communications or criminal harassment?

What does the harassing-communications provision address?

Section 372(3) addresses repeated communications by telecommunications, including causing them to be made, without lawful excuse and with intent to harass. The intent and absence of lawful excuse are part of the provision; repeated contact is not its only requirement. Section 372 also contains separate provisions about false information and indecent communications, so check the subsection.

At an advice meeting, identify which messages are said to form the repeated contact. Explain whether the allegation concerns texts, calls or another channel, and flag any account or number you do not recognise. Do not assume that every communication displayed in a package has been attributed to you in the same way.

How does the current criminal-harassment provision differ?

Under the current text of s. 264(1), the mental element includes intent to harass, knowledge or recklessness about harassing. It also requires conduct without lawful authority that, in all the circumstances, could reasonably be expected to cause the other person to believe their safety, or that of someone known to them, is threatened. Section 264(2)(b) identifies repeated direct or indirect communication.

That is a separate assessment from simply checking how frequently a phone received notifications. Ask your representative which conduct and surrounding circumstances the allegation relies on. This guide describes the current statutory text; it does not determine which version applies to earlier events or offer a conclusion about a particular exchange. The Justice Laws consolidation checked on October 31, 2026 states that it is current to September 30, 2026 and was last amended on July 18, 2026. Have the applicable version checked against the dates alleged in your case. See the consolidation and version links for s. 264.

Preserve the conversation before selecting examples

Keep the full sequence where it is available, including dates, times and the account information displayed by the application. Preserve original files and use copies for notes. If you provide selected screenshots for convenience, identify where they sit in the longer conversation and tell your representative what material is missing.

Context may include messages before the passage you are worried about, a change of topic or a request to stop communicating. Describe those points accurately without deciding their legal effect yourself. Avoid deleting material because it seems embarrassing or irrelevant. Ask how to preserve disappearing messages or export a thread without changing the original account.

Separate authorship questions from interpretation questions

Make one list of communications you recognise and another of entries you cannot identify. Explain shared-device access, unfamiliar account names or a missing period in the record if those are real issues. Use factual descriptions rather than speculation about who must have sent something. Your representative can then identify what needs comparison with the disclosure.

Keep a separate note of wording you think has been misunderstood. Record your recollection of the circumstances, including what you understood at the time. Do not ask the other person to revise a statement or send a new message to make the record look clearer. Discuss any proposed communication with your representative first.

Prepare questions about the allegation and the next court date

Bring the charge documents, release paperwork and available disclosure. Ask which offence is alleged, which messages support it, and what further material would help assess the account. If the package is incomplete or a file will not open, our disclosure-access guide offers practical preparation questions.

Write down your actual next court date and ask what needs to be done beforehand. Keep the evidence review separate from a discussion of any proposed resolution. A general comparison of two offences cannot tell you whether a charge will proceed, whether a defence succeeds or what a court will decide.

Ask FLS to assess the charge and permitted scope

Fast Legal Service provides information about harassing communications and criminal harassment services. Book a consultation with the exact charge and court documents. Representation depends on the subsection, Crown election, permitted scope and a written retainer. No eligibility or outcome is established by this article. It is general legal information for Ontario readers, not advice about sending a reply or making a statement in an individual case.