Section 264: Criminal Harassment Explained

The short answer

Criminal harassment is Canada's stalking law, and it is set out in s. 264 of the Criminal Code. It covers conduct such as repeatedly following, contacting, watching or monitoring someone, when that conduct could reasonably make them believe their safety is threatened. The offence carries up to 10 years in prison. Because the test changed on July 18, 2026, the date of the alleged conduct can make a real difference to how your case is decided.

What counts as prohibited conduct

Section 264(2) lists the kinds of conduct that can amount to criminal harassment. The conduct can happen in person, by phone, online or in any other way:

• Repeatedly following: Following the person, or someone they know, from place to place.
• Monitoring: Monitoring their location, movements, actions or social interactions, which was added to the law in 2026.
• Repeatedly communicating: Contacting the person, or someone they know, directly or indirectly.
• Besetting or watching: Watching their home, workplace or any place where they happen to be.
• Threatening conduct: Engaging in threatening conduct toward the person, someone they know, or an animal they know.

"Repeatedly" generally means more than once. However, threatening conduct under s. 264(2)(d) can be a single act.

What the Crown must prove

The 2026 change to the test

Before July 18, 2026, the Crown had to prove that the complainant actually feared for their safety, and that the fear was reasonable. Since July 18, 2026, the question is whether the conduct could reasonably be expected to make the person believe their safety was threatened. The complainant's actual fear is no longer a required part of the test.

The old wording still generally applies to conduct that happened before July 18, 2026. See criminal harassment law changes in 2026.

Without lawful authority

Some contact is allowed by law. Contact through a lawyer, contact permitted by a family court order, or contact for a legitimate business reason can all be lawful. For example, a parent arranging pickups under a parenting order is not harassing the other parent by doing so, as long as the contact stays within that purpose.

What happens after you are charged

1. Release: Most people are released by police or at a bail hearing with conditions, which almost always include no contact with the complainant and staying away from certain places.
2. First court date: Charges laid in Mississauga and Brampton are generally heard at the Brampton courthouse, and your lawyer can usually appear on your behalf.
3. Disclosure: The Crown provides its evidence, which often includes messages, call logs, statements and police notes.
4. Resolution or trial: Your lawyer reviews the evidence and discusses options with the Crown, such as a withdrawal or a peace bond, or sets the case for trial.

The evidence in a typical case

Most criminal harassment cases are built on records. The Crown often relies on screenshots of messages, call logs, social media activity, emails, location data and the complainant's statement to police. Witnesses who saw the accused at a home or workplace may also be called.

Screenshots rarely tell the whole story. They may leave out the complainant's own messages, the history of the relationship or long periods with no contact at all. Reviewing the full record is often one of the most important steps in the defence.

Common defences

• No intent or recklessness: You did not mean to harass and did not know the contact was unwanted. Being clearly told to stop is often key evidence on this point.
• Conduct not covered: The contact was not repeated, or it does not fit any listed type of conduct.
• No reasonable basis to believe safety was threatened: In all the circumstances, the conduct would not have that effect on a reasonable person.
• Lawful purpose: The contact was about shared children, property or business, and it stayed within that purpose.

For messages and online contact, see text message and online harassment laws.

Effects beyond the sentence

A conviction or a discharge for criminal harassment brings a mandatory weapons prohibition (s. 109). Criminal harassment carries a 10-year maximum, so a conviction can make a permanent resident inadmissible to Canada for serious criminality under s. 36 of the Immigration and Refugee Protection Act. Employers who run background checks, especially in health care, education and security, often treat harassment convictions seriously.

What to do now

• Stop all contact with the complainant, including through friends, family or social media.
• Do not reply if the complainant contacts you, and keep a record of their messages.
• Do not delete any messages, accounts or call logs.
• Follow every release condition exactly until a court or the Crown changes it.

Release conditions

Almost everyone charged with criminal harassment is released with a no-contact condition. That condition usually covers direct and indirect contact, including messages passed through friends, family members or social media. Breaking it is a separate offence under s. 145, and it can also be used as evidence of harassment. If a condition makes it hard to see your children or go to work, your lawyer can ask the Crown to agree to a change.

How we can help

We can review the messages and timeline, check which version of the law applies, and look for gaps in what the Crown must prove. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

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