A. Dhillon Law Criminal Lawyers

Criminal-Harassment

Criminal Harassment Defence – Section 264 Criminal Code

Being charged with criminal harassment is serious. Under section 264 of the Criminal Code of Canada, allegations of repeated communication, unwanted contact, or following another person can result in arrest, strict bail conditions, and a lasting criminal record, even where no physical violence occurred.

If you are facing criminal harassment charges in Mississauga, Brampton or elsewhere in Peel Region, understanding your rights and the court process is critical.

What Is Criminal Harassment Under Section 264?

Section 264(1) of the Criminal Code makes it an offence to repeatedly engage in conduct that causes another person to reasonably fear for their safety or the safety of someone known to them.

To secure a conviction, the Crown must prove:

  1. Repeated conduct
  2. That the accused knew, or was reckless as to whether, the conduct was harassing
  3. That the complainant’s fear was objectively reasonable in the circumstances

These cases often arise from emotionally charged situations such as relationship breakdowns, disputes between former partners, neighbour conflicts, workplace disagreements, or social media communication. Importantly, no physical assault is required for charges to be laid.

Examples of Conduct That May Lead to Charges

Allegations commonly include:

• Repeated calls, texts, emails, or direct messages after being told to stop
• Attending at someone’s residence or workplace without consent
• Following or monitoring an individual
• Contacting friends or family members to relay messages
• Online activity interpreted as threatening or intimidating

Each case turns heavily on context. Digital evidence, message history, and the nature of the relationship between the parties are often central issues.

What Happens After an Arrest?

Criminal harassment matters in this region are typically heard at the Ontario Court of Justice in Brampton, which serves Peel Region, including Mississauga.

Following arrest, an individual may either be released by police with conditions or held for a bail hearing.

Release With Conditions

Police release often includes strict terms such as:

• No contact with the complainant
• No attendance at certain addresses
• Restrictions on social media communication
• Weapons prohibitions

Bail Hearing

If there are concerns about escalation, prior breaches, or public safety, the accused may be held for a bail hearing. The court considers factors such as:

• Risk of reoffending
• Criminal history
• The alleged pattern of conduct
• Public safety concerns

Bail conditions can significantly affect daily life and, in some cases, may include curfew or house arrest.

The Court Process

The typical court process includes:

First Appearance – Administrative scheduling and disclosure request
Disclosure Review – Evidence may include police notes, screenshots, call logs, witness statements, or surveillance
Pre-Trial Discussions – Resolution discussions or trial scheduling
Trial or Resolution – The Crown must prove the charge beyond a reasonable doubt

Because these cases often hinge on credibility and interpretation of communications, strategic review of the evidence is essential.

Penalties for Criminal Harassment in Ontario

Criminal harassment is a hybrid offence. The Crown may proceed by summary conviction or by indictment, depending on the seriousness of the allegations.

Potential consequences include:

• A permanent criminal record
• Probation and counselling conditions
• Long-term no-contact orders
• Weapons prohibitions
• Imprisonment (up to 10 years if prosecuted by indictment)

Collateral consequences can also impact employment, professional licensing, immigration status, and international travel.

Why Early Legal Representation Matters

Harassment allegations are highly contextual. What one party perceives as persistent communication may be characterized by another as criminal conduct. The surrounding history between the parties is often critical.

An experienced criminal defence lawyer can:

• Analyze whether the legal threshold under section 264 is met
• Challenge whether fear was objectively reasonable
• Seek bail variations where appropriate
• Identify Charter issues
• Negotiate withdrawal or resolution
• Prepare a focused trial strategy when necessary

Early intervention often improves the range of available options.

Charged With Criminal Harassment?

If you have been arrested or are under investigation for criminal harassment in Mississauga, Brampton or anywhere in the GTA, obtaining legal advice promptly is important. Statements made to police and early court decisions can significantly affect the direction of your case.

A. Dhillon Law represents individuals throughout Mississauga, Brampton, and Peel Region facing criminal allegations under section 264 of the Criminal Code.

Contact us to schedule a confidential consultation and discuss your defence options.