Stalking, Criminal Harassment, and Cyberbullying - Revision history

Elena Renderos: /* With more information */

2020-09-16T02:41:47Z

With more information

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	The website of '''MediaSmarts''', a non-profit organization for digital and media literacy, features information on cyberbullying and the law.		The website of '''MediaSmarts''', a non-profit organization for digital and media literacy, features information on cyberbullying and the law.

	[http://mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law Visit website]		* [http://mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law Visit website]

	The '''BC government''' website includes information for victims, staying safe, and getting help.		The '''BC government''' website includes information for victims, staying safe, and getting help.

Elena Renderos at 02:41, 16 September 2020

2020-09-16T02:41:27Z

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	These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.		These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.

	For more on these options, [[Peace Bonds and Assault Charges\|see our information on peace bonds]] and [[Family Violence ~~& Abuse~~\|family violence]].		For more on these options, [[Peace Bonds and Assault Charges\|see our information on peace bonds]] and [[Family Violence (No. 155)\|family violence]].

	==Who can help==		==Who can help==

Elena Renderos at 02:28, 16 September 2020

2020-09-16T02:28:53Z

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	For stalking to be criminal harassment, here’s what’s required:		For stalking to be criminal harassment, here’s what’s required:

	1. The person engages in harassing behaviour. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.		1. '''The person engages in harassing behaviour'''. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.

	2. The person knows (or is “reckless”) that the victim is harassed by their conduct. The person knows their conduct is harassing the victim, or is reckless about whether it’s harassing them. “Reckless” means they know their conduct may harass the victim, but they don’t care.		2. '''The person knows (or is “reckless”) that the victim is harassed by their conduct'''. The person knows their conduct is harassing the victim, or is reckless about whether it’s harassing them. “Reckless” means they know their conduct may harass the victim, but they don’t care.

	3. The conduct scares the victim. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.		3. '''The conduct scares the victim'''. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.

	The person does not have to realize their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.		The person does not have to ''realize'' their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

	===Cyberbullying can involve multiple crimes===		===Cyberbullying can involve multiple crimes===
	'''Cyberbullying''' is a type of harassment using new technology. Cyberbullies use social media (such as Facebook, Twitter, Instagram, Snapchat and YouTube), blogs, texting, instant messaging, and other communication platforms to engage in conduct intended to harm or embarrass someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.		'''Cyberbullying''' is a type of harassment using new technology. Cyberbullies use social media (such as Facebook, Twitter, Instagram, Snapchat and YouTube), blogs, texting, instant messaging, and other communication platforms to engage in conduct intended to harm or embarrass someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.

	In some cases, cyberbullying can amount to '''criminal harassment'''. ~~This is a crime under~~ [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth section 264] of the ''Criminal Code''. See above (under stalking) for a description of the elements required.		In some cases, cyberbullying can amount to '''criminal harassment'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth This is a crime under section 264 of the ''Criminal Code'']. See above (under stalking) for a description of the elements required.

	Another ''Criminal Code'' provision outlaws a specific type of cyberbullying. ~~Under~~ [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec162.1_smooth section 162.1], it’s a crime to '''~~share an~~ intimate image''' of someone without their consent. Someone who is '''reckless''' about whether the person gave their consent can be charged with this crime. “Reckless” means they knew the person may not have consented, but they didn’t care.		Another ''Criminal Code'' provision outlaws a specific type of cyberbullying. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec162.1_smooth Under section 162.1, it’s a crime to share an '''intimate image''' of someone without their consent]. Someone who is '''reckless''' about whether the person gave their consent can be charged with this crime. “Reckless” means they knew the person may not have consented, but they didn’t care.

	Cyberbullying may also be '''defamation'''. ~~Under~~ [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec300_smooth section 300] of the ''Criminal Code'', it’s a crime to publish a ~~“defamatory libel”~~. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.		Cyberbullying may also be '''defamation'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec300_smooth Under section 300 of the ''Criminal Code'', it’s a crime to publish a '''defamatory libel''']. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.

	But the reality is that criminal defamation is rare. More common is '''civil defamation''' — communication about a person that tends to hurt their reputation. See our information on ~~[[Defamation: Libel and Slander (No. 240)\|~~defamation ~~(no. 240)]]~~ for more.		But the reality is that criminal defamation is rare. More common is '''civil defamation''' — communication about a person that tends to hurt their reputation. [https://dialalaw.peopleslawschool.ca/defamation/ See our information on defamation for more].

	===If a person is charged with a crime===		===If a person is charged with a crime===
	If a person is charged with criminal harassment or sharing an intimate image without consent, the '''prosecutor''' (called Crown counsel) makes the case against them.		If a person is charged with criminal harassment or sharing an intimate image without consent, the '''prosecutor''' (called Crown counsel) makes the case against them.

	The first stage is generally an application by the accused person to be released (on '''bail''') pending the trial. If the court grants bail, it would usually attach '''conditions''' such as that the person not contact the victim or go near the victim’s home or place of work. It could also ban the person from using the internet, depending on the details of the crime they’re charged with.		The first stage is generally an application by the accused person to be released (on '''bail''') pending the trial. If the court grants bail, it would usually attach '''conditions''' such as that the person not contact the victim or go near the victim’s home or place of work. It could also ban the person from using the internet, depending on the details of the crime they’re charged with.

	If the person disobeys those terms, the court may cancel their bail and charge them with a separate offence of breaching their bail conditions.		If the person disobeys those terms, the court may cancel their bail and charge them with a separate offence of breaching their bail conditions.

	If a court finds the person '''guilty''' of the crime, it will give a '''sentence'''. The sentence is based on the severity of the crime and the person’s criminal record. If the person is not sent to jail, they will usually be ordered to obey conditions similar to those imposed at the bail stage. For example, a court will typically order a person convicted of criminal harassment to have no contact with the victim directly or indirectly, to stay away from their home and workplace, and to not own or carry any weapons. A court may also ban a convicted person from using the internet. And a court may order a convicted person to take counselling, if it might help.		If a court finds the person '''guilty''' of the crime, it will give a '''sentence'''. The sentence is based on the severity of the crime and the person’s criminal record. If the person is not sent to jail, they will usually be ordered to obey conditions similar to those imposed at the bail stage. For example, a court will typically order a person convicted of criminal harassment to have no contact with the victim directly or indirectly, to stay away from their home and workplace, and to not own or carry any weapons. A court may also ban a convicted person from using the internet. And a court may order a convicted person to take counselling, if it might help.
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	===Step 2. Report the behaviour to others in authority===		===Step 2. Report the behaviour to others in authority===
	If the harassment happens at work, report it to your boss (as well as to the police). If your boss is the one harassing you, report it to a co-worker.		If the harassment happens at work, report it to your boss (as well as to the police). If your boss is the one harassing you, report it to a co-worker.

	If the harassment happens at school, report it to the school authorities (in addition to the police).		If the harassment happens at school, report it to the school authorities (in addition to the police).

	===Step 3. Report cyberbullying to your internet or phone provider===		===Step 3. Report cyberbullying to your internet or phone provider===
	Report cyberbullying or other harassing communication to your internet or ~~cellphone~~ provider. Most companies have policies on acceptable use of their services, and can cancel the service of a customer who violates those policies. The company can also help police find a cyberbully who is using their network.		Report cyberbullying or other harassing communication to your internet or phone provider. Most companies have policies on acceptable use of their services, and can cancel the service of a customer who violates those policies. The company can also help police find a cyberbully who is using their network.

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	These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.		These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.

	For more on these options, ~~see our information on~~ [[Peace Bonds and Assault Charges ~~(No. 217)~~\|peace bonds ~~(no. 217)~~]] and [[Family Violence ~~(No. 155)~~\|family violence ~~(no. 155)~~]].		For more on these options, [[Peace Bonds and Assault Charges\|see our information on peace bonds]] and [[Family Violence & Abuse\|family violence]].

	==~~Get~~ help==		==Who can help==

	===Support for victims===		===Support for victims===

	For support and services for victims of crime, call the 24-hour helpline at '''Victim Link BC'''.		For support and services for victims of crime, call the 24-hour helpline at '''Victim Link BC'''.
	~~:Toll-free:~~ 1-800-563-0808
	~~:Web:~~ [~~http~~://~~victimlinkbc~~.ca/ victimlinkbc~~.ca~~]		* Call 1-800-563-0808 (toll-free)
			* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc Visit website]

	The '''BC government'''’s [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-services-directory Victim Services and Violence Against Women Program Directory] provides contact information for service providers across the province that assist women impacted by violence.		The '''BC government'''’s [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-services-directory Victim Services and Violence Against Women Program Directory] provides contact information for service providers across the province that assist women impacted by violence.
	~~:Web: [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime gov.bc.ca/victimservices]~~

	===~~More~~ information===		* [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime Visit website]
	The website of '''MediaSmarts''', a non-profit organization for digital and media literacy, features information on cyberbullying and the law.
	~~:Web:~~ [http://mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law ~~mediasmarts~~.~~ca]~~		===With more information===
			The website of '''MediaSmarts''', a non-profit organization for digital and media literacy, features information on cyberbullying and the law.

			[http://mediasmarts.ca/digital-media-literacy/digital-issues/cyberbulling/cyberbullying-law Visit website]

			The '''BC government''' website includes information for victims, staying safe, and getting help.

	~~The '''BC government''' website includes information on stalking and criminal harassment.~~		* [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf Visit website]
	~~:Web:~~ [~~http~~://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf ~~gov.bc.ca/victimservices~~]

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Elena Renderos at 02:18, 16 September 2020

2020-09-16T02:18:58Z

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	It is '''criminal harassment''' for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: '''cyberbullying'''.		It is '''criminal harassment''' for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: '''cyberbullying'''.

	==~~Understand your legal rights~~==		==What you should know==

	===Stalking can amount to criminal harassment===		===Stalking can amount to criminal harassment===
	'''Stalking''' may start with conduct that seems more annoying than dangerous. Receiving flowers or a letter from “an admirer” (for example) can be off-putting but innocuous. But when it’s repeated, it can be frightening. In some cases, it can amount to criminal harassment. ~~This is a crime under~~ [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth section 264] of the ''Criminal Code''.		'''Stalking''' may start with conduct that seems more annoying than dangerous. Receiving flowers or a letter from “an admirer” (for example) can be off-putting but innocuous. But when it’s repeated, it can be frightening. In some cases, it can amount to '''criminal harassment'''. [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec264_smooth This is a crime under section 264 of the ''Criminal Code''].

	For stalking to be criminal harassment, here’s what’s required:		For stalking to be criminal harassment, here’s what’s required:
	~~#'''~~The person engages in harassing behaviour~~'''~~. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.
	~~#'''~~The person knows (or is “reckless”) that the victim is harassed by their conduct~~'''~~. The person knows their conduct is harassing the victim, or is ~~'''~~reckless~~'''~~ about whether ~~their conduct is~~ harassing ~~the victim~~. “Reckless” means they know their conduct may harass the victim, but they don’t care.		1. The person engages in harassing behaviour. This can include repeatedly following someone, repeatedly communicating with them, watching their home or workplace, or engaging in threatening conduct directed at someone or their family.
	~~#'''~~The conduct scares the victim~~'''~~. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.
			2. The person knows (or is “reckless”) that the victim is harassed by their conduct. The person knows their conduct is harassing the victim, or is reckless about whether it’s harassing them. “Reckless” means they know their conduct may harass the victim, but they don’t care.

			3. The conduct scares the victim. The person’s conduct causes the victim to reasonably fear for their safety or the safety of someone they know. The victim’s fear has to be reasonable.

	The person does not have to realize their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.		The person does not have to realize their conduct is scaring the victim for it to be criminal harassment. Stalking can be criminal harassment even if the person doesn’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

Elena Renderos: Elena Renderos moved page Stalking, Criminal Harassment, and Cyberbullying (No. 206) to Stalking, Criminal Harassment, and Cyberbullying: Removing recording numbers from page names

2020-09-12T00:58:38Z

Elena Renderos moved page Stalking, Criminal Harassment, and Cyberbullying (No. 206) to Stalking, Criminal Harassment, and Cyberbullying: Removing recording numbers from page names

← Older revision	Revision as of 00:58, 12 September 2020
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Drew Jackson at 20:48, 25 March 2019

2019-03-25T20:48:12Z

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	{{REVIEWEDPLS \| reviewer = Maurizio Datitlo, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = Maurizio Datitlo, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}
			It is '''criminal harassment''' for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: '''cyberbullying'''.
	It is criminal harassment for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: cyberbullying.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf gov.bc.ca/victimservices]		:Web: [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf gov.bc.ca/victimservices]


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Elena Renderos at 04:49, 25 March 2019

2019-03-25T04:49:42Z

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	{{Dial-A-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = Maurizio Datitlo, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}

	~~{{Dial-A-Law TOC\|expanded = criminal}}~~
	It is criminal harassment for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: cyberbullying.		It is criminal harassment for someone to repeatedly follow or contact you or engage in threatening behaviour, so as to make you afraid. Also capable of being criminal harassment: cyberbullying.

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	Cyberbullying may also be '''defamation'''. Under [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec300_smooth section 300] of the ''Criminal Code'', it’s a crime to publish a “defamatory libel”. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.		Cyberbullying may also be '''defamation'''. Under [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec300_smooth section 300] of the ''Criminal Code'', it’s a crime to publish a “defamatory libel”. This is something published, without lawful justification or excuse, that is likely to injure a person’s reputation by exposing them to hatred, contempt or ridicule, or that is designed to insult the person.

	But the reality is that criminal defamation is rare. More common is '''civil defamation''' — communication about a person that tends to hurt their reputation. See our information on [[Defamation: Libel and Slander (~~Script~~ 240)\|defamation (no. 240)]] for more.		But the reality is that criminal defamation is rare. More common is '''civil defamation''' — communication about a person that tends to hurt their reputation. See our information on [[Defamation: Libel and Slander (No. 240)\|defamation (no. 240)]] for more.

	===If a person is charged with a crime===		===If a person is charged with a crime===
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	These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.		These kinds of orders include conditions set by a judge that a person must follow — such as having no contact with you or not going near your home or workplace.

	For more on these options, see our information on [[~~Applying for a~~ Peace ~~Bond~~ and ~~Filing~~ Assault Charges (~~Script~~ 217)\|peace bonds (no. 217)]] and [[Family Violence (~~Script~~ 155)\|family violence (no. 155)]].		For more on these options, see our information on [[Peace Bonds and Assault Charges (No. 217)\|peace bonds (no. 217)]] and [[Family Violence (No. 155)\|family violence (no. 155)]].

	==Get help==		==Get help==
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	:Web: [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf gov.bc.ca/victimservices]		:Web: [http://www2.gov.bc.ca/assets/gov/law-crime-and-justice/criminal-justice/bc-criminal-justice-system/if-victim/publications/hsh-english-stalking.pdf gov.bc.ca/victimservices]



	~~[updated August 2017]~~

	~~'''The above was last reviewed for legal accuracy by Maurizio Datitlo, Crown Counsel.'''~~

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Drew Jackson: Drew Jackson moved page Stalking, Criminal Harassment and Cyberbullying (Script 206) to Stalking, Criminal Harassment, and Cyberbullying (No. 206): align with new Dial-A-Law website

2019-03-22T16:00:26Z

Drew Jackson moved page Stalking, Criminal Harassment and Cyberbullying (Script 206) to Stalking, Criminal Harassment, and Cyberbullying (No. 206): align with new Dial-A-Law website

← Older revision	Revision as of 16:00, 22 March 2019
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Dial-A-Law at 23:30, 30 January 2019

2019-01-30T23:30:35Z

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Dial-A-Law at 18:30, 27 February 2018

2018-02-27T18:30:59Z

← Older revision		Revision as of 18:30, 27 February 2018
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	Related Dial-A-law scripts include:		Related Dial-A-law scripts include:
	*[[Charging Someone with a Criminal ~~Offense~~ (Script 215)\|215]], called “Charging someone with a criminal ~~offense”~~		*[[Charging Someone with a Criminal Offence (Script 215)\|215]], called “Charging someone with a criminal offence”
	*[[Applying for a Peace Bond and Filing Assault Charges (Script 217)\|217]], called “Applying for a peace bond and filing assault charges”		*[[Applying for a Peace Bond and Filing Assault Charges (Script 217)\|217]], called “Applying for a peace bond and filing assault charges”