Criminal harassment is an offence under section 264 of the Criminal Code of Canada. The legal test to find someone guilty of criminal harassment involves multiple steps. Not all cases are "open and shut". A close look at the evidence by a criminal defence lawyer can be of tremendous benefit to evaluate the merit of your case.
In R. v. Campbell, 2012 BCSC 903, the Supreme Court of British Columbia has re-used the definition of "harassment" found in R. v. Sillipp, 1997 ABCA, at para 16 (reproduced in full here):
In the case at bar, Murray, J. told the jury that the term “harass” embraced something more than a complainant being “vexed, disquieted or annoyed”. He spoke of appropriate synonyms and mentioned some being “tormented, troubled, worried, plagued, bedeviled and badgered”. The charge, taken as a whole, emphasizes to the jury that proof beyond a reasonable doubt that a complainant has been troubled, worried or badgered, will not suffice; proof beyond a reasonable doubt that a complainant has been vexed, disquieted or annoyed will not suffice, The trial judge told the jury that “something substantially more than that” was required.
If you have been accused of criminal harassment, call us now to discuss the merits of your case.
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