Summary
The less serious route
2 years
less a day
and/or a $5,000 fine (s. 787)
Criminal Harassment Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with criminal harassment? Tell us what happened.
Regulator
Criminal harassment, sometimes called stalking, is an offence under section 264 of the Criminal Code. The Crown must prove repeated contact, following, monitoring, watching or threatening conduct that could reasonably be expected to make someone fear for their safety. The maximum is 10 years. A lawyer can review the context.
A criminal harassment charge often starts with messages, calls or a relationship that ended badly. Suddenly you are under arrest, ordered to stay away from someone and worried about your record. A criminal harassment lawyer can help you understand the charge and protect your options.
We defend criminal harassment charges under s. 264 of the Criminal Code in Mississauga, Brampton and across Ontario.
Charged with criminal harassment?
Criminal harassment guides
7 guidesPenalties
Penalties and consequences
Criminal harassment is a hybrid offence. The Crown chooses the route, and that sets the maximum.
THE CROWN CHOOSES
Indictment
The more serious route
10 years
maximum
Criminal harassment, s. 264
Criminal harassment is a hybrid offence, so the Crown elects how to proceed.
If the conduct involved violence or threats of violence against an intimate partner, the Crown may be able to charge it under s. 263.1, which raises the maximum on indictment to 14 years.
At sentencing, the court must treat it as aggravating if you were breaching a court order, such as a peace bond or similar order, at the time (s. 264(4)). Where the complainant is a current or former partner or family member, that is also a statutory aggravating factor under s. 718.2(a)(ii).
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.We work to have conditions varied.
- Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
Non-citizens should also get immigration advice.
We assess this before any resolution. - Your firearmsMandatoryRelease conditions and some sentences can ban you from owning weapons.
Weapons prohibition: a conviction or discharge for criminal harassment requires a mandatory weapons prohibition order under s. 109.
We explain what it covers and how long it lasts. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
5 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Criminal harassmentCriminal harassment penaltiesPossible sentences for criminal harassment and what affects them.
The law
What the Crown must prove
The Crown must prove all four.
Your actions. You repeatedly followed or contacted someone, watched or monitored them, or threatened them.
Risk of fear. Your actions could reasonably make them fear for their safety.
Your intent. You meant to harass them, knew you were, or ignored that risk.
No legal right. You had no legal right to act that way.
Read the legal wording
Criminal harassment is set out in s. 264 of the Criminal Code. It is sometimes called stalking. The Crown must prove each of these elements beyond a reasonable doubt.
1. Prohibited conduct. In person, by phone or online, or by any other means, you did one or more of the following:
- repeatedly followed the person, or anyone known to them, from place to place;
- monitored the location, movements, actions or social interactions of the person, or anyone known to them;
- repeatedly communicated with the person, or anyone known to them, directly or indirectly;
- watched or "beset" the place where they, or anyone known to them, live, work or happen to be; or
- engaged in threatening conduct directed at them, or at anyone or any animal known to them.
2. Effect of the conduct. In all the circumstances, your conduct could reasonably be expected to cause the person to believe that their safety, or the safety of someone known to them, was threatened. Safety includes psychological safety. Since July 18, 2026, the Crown does not have to prove the person actually felt afraid.
3. Your state of mind. You intended to harass the person, or you knew, or were reckless as to whether, your conduct would harass them.
4. No lawful authority. You had no lawful authority for the conduct.
Annoying or unwanted contact is not always criminal harassment. Whether the conduct could reasonably be expected to make the person feel unsafe is central, and it is often where cases are contested.
Read the full test in section 264: criminal harassment explained, including the 2026 changes.
THE EVIDENCE
Messages, social media and digital evidence
Most criminal harassment cases today involve digital evidence. Texts, voicemails, emails, direct messages and social media posts can all be "communicating" with someone. Indirect contact, such as messages through friends or comments on someone's posts, can count too.
Digital evidence can help or hurt. Screenshots may be incomplete or out of context. Full message histories can show two-way contact, a calm tone, or a request to stop that was respected.
We review the full record, not just the parts the complainant provided. That can include the timing, frequency and content of every message, and who started each exchange.
YOUR CONDITIONS
Release conditions and no-contact orders
If you are released, expect conditions. For a criminal harassment charge, a justice must consider two conditions (s. 515(4.2) and (4.3)). One bars you from communicating with the complainant or witnesses, directly or indirectly. The other bars you from going to certain places.
No contact means no contact. That includes texts, calls, social media, likes, tags and messages passed through others. Breaching a condition is a separate offence under s. 145.
If your conditions are unworkable, they may be varied with written consent of you, the Crown and any sureties, or reviewed in court. See our bail hearings page.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
Depending on the evidence and your history, possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
Where there is no reasonable prospect of conviction.
Peace bondAgree to conditions under s. 810.
In some cases, the Crown may withdraw the charge if you enter a peace bond under s. 810. Where the complainant is a current or former partner, Ontario Crown policy restricts this. A peace bond lasts up to 12 months and is not a conviction or criminal record, though it appears on police databases while in force.
DischargeFound guilty, but no conviction is entered.
A court may grant an absolute or conditional discharge, which is not a conviction.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.TrialThe court hears evidence and decides guilt.
The Crown must prove every element, including the effect of the conduct. You may be acquitted.
No lawyer can promise a result.
THE CROWN'S VIEW
How the Crown looks at a criminal harassment charge
A criminal harassment charge can only go ahead if there is a reasonable prospect of conviction and it is in the public interest. Because many of these cases involve a current or former partner, prosecutors review them with particular care.
Since July 18, 2026, the Crown no longer has to prove that the complainant was actually afraid. Instead, it must prove that the conduct could reasonably be expected to make the person believe their safety was threatened. Prosecutors therefore look closely at the full pattern of conduct. How many contacts were there, over what period, and of what kind? Were there threats, or only unwanted messages? Was the accused told to stop? Our lawyer trained at an Ontario Crown Attorney's Office and knows how these files are assessed.
Context often matters most. Two-way communication, a shared child or a business dispute can change how the evidence looks. A conviction or a discharge also brings a mandatory weapons ban, and the 10-year maximum can affect immigration status. See our guide to the 2026 criminal harassment changes.
Your defence
How we defend criminal harassment charges
Which conduct is alleged? - Criminal Code s. 264(2)
The Code identifies specific forms of conduct, including repeated communication or following, monitoring, watching certain places and threatening conduct. Not every branch has the same repetition requirement. We map the dates, frequency and type of alleged contact to the particular branch relied on.
What did you know or intend? - Criminal Code s. 264(1)
The section addresses intent to harass, knowledge, or recklessness about harassing another person. Contact alone does not answer that state-of-mind question. We review the full exchanges, warnings, responses and surrounding circumstances rather than treating an isolated message as the whole record.
Could safety reasonably seem threatened? - Criminal Code ss. 264(1) and (6)
The test asks whether the conduct could reasonably be expected, in all the circumstances, to make the person believe their safety or the safety of someone they know was threatened. Safety expressly includes psychological safety. We examine the context and claimed risk, without assuming that unwanted contact alone establishes this requirement.
Who made the digital contact? - Criminal Code s. 264
Messages, tracking records and account activity need to be connected to the conduct attributed to the accused. A displayed account name does not resolve every issue of authorship or access. We check full conversations, timestamps, available account records and whether screenshots leave out relevant context.
Was there lawful authority? - Criminal Code s. 264(1)
The offence requires the prohibited conduct to occur without lawful authority. That is a legal issue, not a general permission to keep contacting someone because of a family or work dispute. We review any order, actual legal authority and the precise conduct said to be authorized.
Was the device search lawful? - Charter ss. 8 and 24(2)
A phone or account search may produce much of the prosecution’s digital evidence. We check the authority relied on, the information officers were entitled to obtain and the search actually carried out. For exclusion under section 24(2), the court must decide whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
WHAT TO DO NOW
What to do if you have been charged
- Stop all contact immediately, direct and indirect, including social media.
- Do not delete anything. Deleting messages can look bad and may destroy evidence that helps you.
- Save your records: export full message threads, call logs and emails, with dates.
- Do not explain yourself to police without a lawyer. You have the right to remain silent.
- Follow every release condition, even if the complainant contacts you.
- Call a lawyer before your first court date. Your first court date is on your release paperwork.
Received a police warning? Read police harassment warnings in Ontario.
PEEL REGION
Criminal harassment cases in Peel Region
Many criminal harassment charges in Peel come from current or past relationships. In those cases, Peel Regional Police use their intimate partner violence approach. Officers collect messages and take written or video statements. Their Intimate Partner Violence Unit may also become involved.
The Brampton Crown Attorney's Office prosecutes these cases at the Brampton courthouse. Ontario Crown policy treats criminal harassment as a charge that usually cannot go to a community justice program. It can go only in rare cases, with approval from the Crown Attorney or a designate. If the complainant is a current or former partner, a peace bond also needs that approval. Release conditions in these cases often include strict no-contact terms. Make sure you know exactly what your conditions allow before you contact anyone connected to the case.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
7 links
- Criminal Code, s. 109: Mandatory weapons prohibition
- Criminal Code, s. 145: Failure to comply
- Criminal Code, s. 264: Criminal harassment
- Criminal Code, s. 264.1: Uttering threats
- Criminal Code, s. 515: Judicial interim release
- Criminal Code, s. 810: Peace bonds
- Justice Canada: Protecting Victims Act (Bill C-16)
Next steps
Talk to a lawyer today
If you have been charged with criminal harassment, call (647) 223-1980, 24/7. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
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Questions
Frequently asked questions
Can texting someone too much be criminal harassment?
It can, but only if every element is proven. The messages must be conduct that could reasonably be expected to make the person believe their safety was threatened.
That includes their psychological safety. You must also have intended to harass them, or known or been reckless about it. Many unwanted messages do not meet that test.
What is the difference between criminal harassment and uttering threats?
Criminal harassment usually involves a pattern of conduct that could reasonably be expected to make someone fear for their safety. Uttering threats under s. 264.1 can be a single threat to cause death or bodily harm, damage property or harm an animal. The same facts sometimes lead to both charges.
Can a criminal harassment charge be resolved with a peace bond?
In some cases, yes. The Crown may agree to withdraw the charge if you enter a peace bond under s. 810. A peace bond is not a criminal record, but breaching it is a criminal offence.
What if the other person keeps contacting me?
You must still follow your no-contact condition. Do not reply. Save the messages and tell your lawyer, who can raise it with the Crown or seek a variation.
Is stalking a crime?
It can be. Criminal harassment is sometimes called stalking. Under section 264 of the Criminal Code, the conduct must be without lawful authority. The Crown must prove that the person intended to harass someone, or knew or was reckless about doing so. The conduct must be the kind listed in section 264. It must also be conduct that could reasonably be expected to make the other person believe their safety, or the safety of someone they know, was threatened. Safety includes psychological safety.