CRIMINAL DEFENCE · ONTARIOEnglish · Português · Español

COMMUNICATIONS, CONTACT & DIGITAL EVIDENCE

Criminal Harassment Defence in Ontario

Put the full context back into the conversation.

Messages, repeated contact and digital records can become central to a criminal harassment allegation. A considered defence begins with the exact allegation and a careful review of the complete record.

Classical limestone architecture in soft afternoon lightCLARITY. PREPARATION. PERSONAL REPRESENTATION.

Understand the precise charge

Criminal harassment is addressed under section 264 of the Criminal Code. Allegations can involve following, monitoring, repeated communications, watching a place or threatening conduct. The full legal requirements and the law applicable to the alleged incident must be assessed.

Review communications in context

Messages, call records, timelines and other digital material may be relevant. We discuss how records fit together and what the disclosure contains. Do not delete or alter potential evidence. Avoid contacting anyone in a way that could breach your conditions.

Confirm the permitted scope

Criminal harassment is on the Law Society’s permitted summary conviction offences list. We still confirm the Crown’s election, the specific charges and any related allegations before agreeing to represent you. An indictable prosecution requires a lawyer.

Choose the next step with informed advice

The work may involve disclosure review, identifying disputed issues, preparing for Crown discussions and assessing a proposed resolution. You receive advice about the options relevant to your circumstances and a written description of the services retained.

Common questions

Is workplace harassment the same as criminal harassment?

No. Workplace or civil harassment and a Criminal Code charge involve different legal processes. This page concerns criminal harassment allegations under section 264.

Should I send a message to explain what happened?

Get advice first and follow every release condition. Contact intended as an explanation can still create legal difficulties, particularly if direct or indirect contact is prohibited.

Can a paralegal defend a criminal charge in Ontario?

Yes, for certain offences within the permitted paralegal scope. The precise charge and the Crown’s election must be checked. A summary election alone does not make every offence eligible. See the Law Society’s permitted offences.

YOUR NEXT STEP

You don’t have to figure
this out alone.

Tell us where you are in the process. We’ll discuss how we can help.

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