What section 372(3) addresses
Section 372(3) concerns repeated telecommunications made or caused without lawful excuse and with intent to harass. Subsection (4) provides the summary or indictable routes. The provision is distinct from criminal harassment under section 264; the charging document identifies which allegation needs to be answered. Read section 372.
Keep the complete communications history
Call logs, the full message thread, account information and the chronology may help explain what occurred. Keep original material with dates and context. Do not remove inconvenient messages or obtain new contact contrary to a restriction. After retention, FLS reviews the disclosure and identifies gaps relevant to the actual allegation.
Check related harassment and release allegations
A communications case may overlap with a domestic dispute, a criminal harassment charge or an alleged breach. Bring all charge and release documents. If a no-contact condition applies, an incoming invitation is a reason to obtain advice about the actual terms; it does not itself amend an order. Read our no-contact conditions guide.
Discuss a response that fits your file
We confirm Crown election and scope before accepting the matter. The written retainer specifies the agreed work, which may include disclosure review, advice, Crown discussions and court preparation. Consultations are available virtually across Ontario, with in-person appointments in Durham Region by arrangement.
Common questions
Is every unwanted message a section 372(3) offence?
The allegation must be assessed against the statutory requirements, including repetition and intent to harass. A charge is not a conviction. See section 372(3).
Is harassing communications the same as criminal harassment?
No. Section 372 and section 264 are separate provisions. Bring the actual charging document so the correct allegation and scope can be assessed.
Should I send an apology while the case is ongoing?
Read your release terms and obtain advice before sending a message, including through another person. The purpose of a message does not change a restriction.