How to Defend Yourself When Charged With Criminal Harassment in Ontario

This offence does not need a particular outcome (such as physical injury, theft, fraud, or murder) to be considered a crime. Rather, what is generally taken under scrutiny is whether the behavior has been repeated over time and caused reasonable fear from the victim. Physical contact is not a requirement.

When charged with criminal harassment, the evidence must prove beyond reasonable doubt that:

1. The accused performed acts that constitute criminal harassment.
2. The accused was aware of how the complainant might perceive their behavior.
3. The complainant was genuinely afraid for their own safety or the safety of someone else.
4. The fear experienced by the complainant was reasonable and based upon the repeated behavior of the accused.

If the defence raises any reasonable doubt in any of these statements, an acquittal must be put in order.