Police Harassment Warnings in Ontario

The short answer

A police harassment warning is not a criminal charge. It does not create a criminal record, and it is not a court order. Instead, it is police telling you that someone has complained and does not want any further contact with you. However, the warning still matters a great deal. If you keep contacting the person after a warning, the warning can help the Crown prove a criminal harassment charge later, because it shows that you were told clearly that the contact was unwanted and chose to continue anyway.

What a harassment warning is

A harassment warning is a police practice, not something created by a section of the Criminal Code. Police may call you, visit you or leave a message. They usually tell you who complained and that the person wants no further contact.

A warning does not put you on bail or probation, and it does not come with legal conditions. However, police may keep their own notes about the warning in their records, and those notes can be reviewed by officers if another complaint is made about you in the future.

Why the warning matters

Criminal harassment requires proof that you intended to harass, or knew or were reckless about whether the person would be harassed (s. 264(1)). A clear warning makes it much easier for the Crown to prove that you knew the contact was unwanted.

For example, two messages sent before a warning may look very different to a court than two messages sent after one.

Police do not have to give a warning before laying a charge. If the conduct is serious, they can lay a charge right away.

What to do if you receive a warning

• Stop all contact with the person, including through friends, family or social media.
• Do not reply if the person contacts you, and keep a record of their messages instead.
• Write down what police told you, when they told you and which officer spoke to you.
• Get legal advice before speaking to police any further.

If you need to keep some contact

Sometimes contact cannot simply stop, because you share children, a home, a business or property. In those situations, keep contact to what is necessary and stay on that topic. Use writing, such as email or a parenting app, so that there is a clear record. You can also consider contact through a lawyer or under the terms of a family court order. Get advice before deciding how to handle ongoing contact.

How a warning can lead to a charge

If contact continues after a warning, the complainant may report it to police again. Police will usually treat the warning as an important part of the history, because it shows that you were told the contact was unwanted. A second complaint after a warning is much more likely to lead to a criminal harassment charge than the first complaint was.

A warning vs a peace bond vs a charge

• Police warning: This is not a court order and creates no record, and it has no legal conditions, but it is evidence that you knew contact was unwanted.
• Peace bond (s. 810): This is a court order to keep the peace, often with no-contact terms, for up to 12 months. It is not a conviction, but it is recorded in police databases, and breaking it is a crime. See our peace bonds page.
• Criminal charge: This comes with release conditions enforced by the court, and a conviction creates a criminal record. Breaking release conditions is a crime.

When the complainant applies for a peace bond

Instead of, or after, a police warning, a complainant may apply to court for a peace bond under s. 810. That process does not require a criminal charge. If the court finds that the person has reasonable grounds to fear harm, it can order you to keep the peace and follow conditions for up to 12 months. You have the right to contest the application, and you should get advice before agreeing to one.

Effects of a warning

A warning on its own does not affect your criminal record, your firearms licence or your immigration status in the way a conviction would. However, police notes about a warning may come up later if there are further complaints, and they can influence decisions about future charges or release conditions.

Warnings and family court matters

Many harassment complaints arise during separations, when parents still need to arrange parenting time, support and property issues. A police warning does not cancel or change a family court order. If you have a parenting order that allows contact for certain purposes, keep the contact strictly within those purposes and in writing. If the warning and the family order seem to conflict, get legal advice right away so you do not put yourself at risk of a charge.

Possible outcomes after a warning

What the complainant can do after a warning

After a warning, the complainant has several options. They may simply wait to see whether contact stops. They may report any new contact to police, who will consider laying a charge. They may also apply to court for a peace bond under s. 810, or seek a restraining order through the family court if the two of you were in a relationship or share children. Knowing these options can help you understand why stopping contact completely is the safest choice, even when you believe the complaint is unfair.

How we can help

We can advise you on how to respond to a warning, how to handle necessary contact, and whether to put anything in writing. Call (647) 223-1980 for a free consultation.

Frequently asked questions