Bill C-16: Criminal Harassment Law Changes in 2026

The short answer

Bill C-16, the Protecting Victims Act, changed the criminal harassment offence on July 18, 2026. It made three main changes. First, the Crown no longer has to prove that the complainant actually feared for their safety. Second, monitoring someone's location or activities is now listed as prohibited conduct. Third, the law now states that safety includes psychological safety. The maximum penalty did not change, but the way many cases are proven has shifted.

The new fear test

Before July 18, 2026, the Crown had to prove that the complainant actually feared for their safety, and that the fear was reasonable in all the circumstances.

Since July 18, 2026, the Crown must instead prove that the conduct, in all the circumstances, could reasonably be expected to make the person believe their safety, or someone else's, was threatened.

This is an objective test. It asks what a reasonable person would expect, rather than what this particular complainant felt. However, the history between the people involved, and how both of them behaved, still matters because the test looks at all the circumstances.

Monitoring

Monitoring a person's location, movements, actions or social interactions is now listed in s. 264(2)(a.1). This covers conduct such as tracking a partner's phone, using a hidden location tag or closely watching someone's online activity.

Monitoring is only a crime if the rest of the offence is proven. The Crown still has to show intent or recklessness, and that the conduct could reasonably make the person believe their safety was threatened.

Psychological safety

Courts had already accepted that safety can include psychological safety. Since July 18, 2026, this has been written directly into the law (s. 264(6)). As a result, conduct that would reasonably cause serious fear for someone's mental or emotional wellbeing can meet the test, even if there is no risk of physical harm.

Why Parliament changed the test

Justice Canada explained that the old test made many cases depend heavily on the complainant's testimony about their own fear. The new test is meant to let the court focus on the conduct itself and how a reasonable person would see it.

What this means if you are charged

The Crown still has to prove that you intended to harass, or knew or were reckless about whether the person would be harassed. That part of the offence did not change, and many defences still turn on what you knew and why you made contact.

However, a defence based only on the complainant not being afraid is much weaker for conduct after July 18, 2026.

Does the new test apply to my case?

The new wording applies to conduct on or after July 18, 2026. A person cannot be convicted under a version of an offence that did not exist when they acted.

If the alleged conduct spans both dates, each period must be looked at separately. For example, messages sent in June 2026 are judged under the old test, while messages sent in August 2026 are judged under the new one.

How the change affects the evidence

Under the old test, the complainant's description of their own fear was often the centre of the trial. Under the new test, the focus moves to the conduct itself: how often it happened, what was said, whether the person had asked for it to stop, and whether there were threats or monitoring. That makes the full record of messages, calls and contact even more important, because the court will look closely at the pattern as a whole.

Related 2026 changes

• Testimonial aids: These are now presumed available for adult complainants in criminal harassment cases, such as a screen or testimony from outside the courtroom.
• Violence against an intimate partner: This became a separate offence on July 17, 2026, with higher maximums. See violence against an intimate partner.
• Coercive control: Coercive control of an intimate partner is a new offence, but it is not in force yet. It must come into force by June 18, 2028. See coercive control.

What happens after you are charged

1. Release: You will usually be released with no-contact conditions, which you must follow exactly.
2. Disclosure: The Crown provides the messages, records and statements it relies on.
3. Timeline review: Your lawyer separates the conduct by date, so each period is judged under the correct version of the law.
4. Resolution or trial: The case may resolve through a withdrawal or a peace bond, or go to trial.

Effects beyond the sentence

The 2026 changes did not alter the consequences of a finding of guilt. A conviction or discharge still brings a mandatory weapons prohibition, and a conviction can still affect immigration status, travel and employment.

Possible outcomes

What to do now

• Write down when each part of the alleged contact happened, so your lawyer can sort it by date.
• Keep your full message and call history, including messages from the complainant.
• Remove any tracking apps or shared location settings only after getting legal advice, so you do not appear to be hiding evidence.
• Follow every release condition exactly.

The evidence after the change

Because the new test focuses on the conduct, the Crown may rely more heavily on records than on the complainant's description of their feelings. Messages, call logs, location data and social media activity are likely to be central. The defence can still point to the context, such as two-way contact, long gaps between messages, or a lawful reason for the contact, to show that a reasonable person would not believe their safety was threatened.

How we can help

We can work out which version of the law applies to each part of the alleged conduct, and what the Crown has to prove for each one. Call (647) 223-1980 for a free consultation.

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