Criminal Harassment Sentences and Penalties

The short answer

Criminal harassment is a hybrid offence with a maximum of 10 years by indictment. There is no minimum sentence, and in some cases an outcome without a conviction may be possible. However, it carries a mandatory weapons prohibition, even when the outcome is a discharge. Understanding the full range of penalties, and the factors that move a sentence up or down, is important before you make any decision about your case.

Maximum penalties

When the Crown proceeds by indictment, the maximum is 10 years in prison. On summary conviction, the maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787).

If the conduct involved threatened violence against an intimate partner, and it happened on or after July 17, 2026, the Crown can charge it under s. 263.1. The maximum then rises to 14 years, and a discharge is no longer available. See violence against an intimate partner.

Breaking a court order makes it worse

If you were breaking a court order at the time of the harassment, the court must treat that as an aggravating factor (s. 264(4)). This includes a peace bond, a prohibition order to protect children, or a similar order, recognizance or undertaking, including a family court or provincial order. If the judge decides not to treat the breach as aggravating, the judge must explain why (s. 264(5)).

Other factors judges consider

Factors that can increase a sentence include an intimate partner or family relationship with the complainant (s. 718.2(a)(ii)), conduct that went on for a long time or happened often, threats or monitoring, and a serious impact on the complainant.

Factors that can lower a sentence include having no criminal record, stopping the conduct quickly after a warning or charge, showing remorse, pleading guilty, and completing counselling or treatment.

Possible outcomes

Mandatory weapons prohibition

A conviction or a discharge for criminal harassment brings a mandatory weapons prohibition (s. 109(1)(b)). For a first offence, it lasts at least 10 years for ordinary firearms, and for life for prohibited and restricted firearms.

This is often the most important consequence for hunters, sport shooters and people whose work involves firearms. A peace bond does not trigger this mandatory order, although it may include weapons conditions.

Peace bonds in intimate partner cases

In Ontario, the Crown Prosecution Manual limits peace bond resolutions in intimate partner cases. In those cases, withdrawing the charge in exchange for a peace bond is allowed only in exceptional circumstances, with the approval of the Crown Attorney or a designate. This can make a peace bond harder to obtain when the complainant is a current or former partner.

Release conditions while the case is ongoing

You will almost certainly have no-contact conditions while the case is open. Breaking them is a separate offence (s. 145), and the breach can also be used as evidence that you were harassing the complainant.

How the sentencing hearing works

1. Submissions: The Crown and the defence each tell the judge what sentence they think is fit, and why.
2. Victim impact: The complainant may file a victim impact statement describing how the conduct affected them.
3. Your materials: Your lawyer may file letters, counselling records and other material about you.
4. Decision: The judge imposes the sentence, which can include probation and a weapons prohibition.

Effects beyond the sentence

Because criminal harassment carries a 10-year maximum, a conviction can make a permanent resident inadmissible for serious criminality. A conviction can also lead to being refused entry to the United States and can affect jobs that require a background check.

Probation conditions

When a sentence includes probation, it can last up to 3 years. Common conditions include no contact with the complainant, staying away from their home and workplace, not possessing weapons, and attending counselling. Some probation orders also limit social media use or require you to stay off certain apps. Breaking a probation condition is a separate criminal offence.

Preparing for sentencing

Good preparation can lower a sentence. Helpful material can include proof of counselling or treatment, letters from employers and family, proof that you have had no contact since the charge, and information about your work, health and family responsibilities. The judge may also order a pre-sentence report, which a probation officer prepares after interviewing you.

Discharge and the weapons ban

Many people are surprised to learn that a discharge does not avoid the mandatory weapons prohibition for criminal harassment. Under s. 109, the order applies on a conviction or a discharge. For that reason, a peace bond or a withdrawal is often the most important goal for people who hunt, sport shoot or need firearms for work, because neither one triggers the mandatory order.

Effects on your record

A conviction creates a criminal record that stays until a record suspension is granted. The waiting period is 5 years after the sentence for a summary conviction and 10 years for an indictable one. A discharge is not a conviction, and it is removed from the national police database after 1 year if absolute or 3 years if conditional.

How we can help

We can explain the realistic outcomes for your case, including whether a peace bond is possible, and how to avoid a weapons prohibition where the law allows. Call (647) 223-1980 for a free consultation.

Frequently asked questions