Stalking, Criminal Harassment, and Cyberbullying

The script explains what stalking, criminal harassment, and cyberbullying are and how to stop them. Refer also to scripts:

• 217, called “Applying for a peace bond and filing assault charges”
• 215, called “Charging someone with a criminal offense”

What is stalking?

Stalking is behaviour that may – in some cases – be criminal harassment under section 264 of the Criminal Code of Canada (available at http://laws-lois.justice.gc.ca/eng/acts/c-46/). Stalking is criminal harassment if a person does any of the following things, knowing that it causes you to reasonably fear for your safety or the safety of anyone you know:

• repeatedly follow you, or anyone you know.
• repeatedly communicate with you, or anyone you know, directly or indirectly.
• repeatedly watch you, or anyone you know, or lurk around your home, workplace, or any other place you happen to be
• engage in any threatening conduct directed at you or a member of your family

Even if the person doing these things has not been told or doesn’t know that you fear for your safety or the safety of anyone you know, if they should have known, then these behaviours may still be criminal harassment.

A person can be stalking even if they don’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

Stalking may start with conduct that seems more annoying than dangerous. Often, the conduct is legal and even socially acceptable, if it’s just an isolated incident. But when it’s repeated, it may scare the victim. Conduct such as following someone, or sending gifts or letters, may become intimidating if done continually and against the person’s wishes.

What is cyberbullying?

Cyberbullying is a type of harassment using new technology. Whether it is criminal harassment depends on the facts of a case. Cyberbullies use social media (such as Facebook, Twitter, and YouTube), blogs, texting, instant messaging, and other internet avenues to engage in deliberate, repeated, and hostile behaviour intended to harm, embarrass, or slander someone. Although their work is public, cyberbullies are often anonymous and it is often harder to identify and stop them.

Cyberbullying may also be defamation. The Criminal Code (section 300) outlaws publishing a defamatory libel – material published, without lawful justification or excuse, likely to injure the reputation of any person by exposing them to hatred, contempt or ridicule, or designed to insult the person. But criminal defamation is rare. More common is civil defamation – communication about a person that tends to hurt their reputation. Script 240, called “Defamation: Libel and Slander”, has more on this.

What can you do if someone is stalking, harassing, or cyberbullying you?

1. First, if the harassment is attempted communication with you, tell the person to stop. Otherwise, they may not know that they are harassing you. Never reply to harassing messages – except to tell the person to stop.
2. Call the police to report the problem. Record the details of every incident, including time, date, place, who was involved, and what was said and done. Keep letters, notes, voicemail messages, emails, texts, instant messages, and social media and internet posts. Give them to the police.
3. If the harassment happens at school, report it to the school authorities, as well as to the police. If it happens at work, report it to your boss, plus the police.
4. Report cyberbullying or other harassing communication to your internet or cell phone company. 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.
5. If you get a harassing phone call on a landline, dial *57 immediately when the call ends. The phone company will record the phone number that made the call, so the police can get it. If you receive harassing calls on your cell phone, call the phone company for help in tracking the calls.
6. You can also seek a civil restraining order in court. But to do this, you need legal advice.

What happens after you report the problem?

If a person is charged with criminal harassment, crown counsel (the prosecutor) makes the case against (or prosecutes) them. The prosecutor may proceed by indictment for serious cases, and then the maximum penalty is 10 years in jail. Or the prosecutor may proceed by summary conviction for less serious cases, and then the maximum penalty is either a fine or 6 months in jail, or both.

The first stage of any criminal proceeding is generally an application by the accused person for judicial interim release, also known as bail. If the court grants bail to a person, it will usually order them not to contact you directly or through another person, or go anywhere near your home, school, or place of work. If the person disobeys those terms, the court may revoke, or cancel, their bail. Then they may be charged with a separate offence of breaching their bail conditions. If the person is denied bail and is sent to jail until a trial or a guilty plea, the prosecutor may ask the court to order that the person have no contact with you from jail. Again, if the person charged disobeys this order, they may be charged with a separate offence.

If a court finds a person guilty, of criminal harassment, after a guilty plea or trial, it can impose many different sentences. The court will choose a sentence based on the person's criminal record and the severity of their crime. If the person is not sent to jail, they will usually be ordered to obey certain conditions similar to the conditions imposed at the bail stage. For example, a court will normally order a person convicted of criminal harassment to have no contact with you directly or indirectly, to stay away from your home and workplace, and to not own or carry any weapons. A court may also order a convicted person to take counseling, if it might help.

More information

Learn more about what to do from the following sources:

• The Victim LinkLine at 1.800.563.0808, available 24 hours a day. The website is www.victimlinkbc.ca].
• The BC Ministry of Justice: search for “stalking” at www.gov.bc.ca/justice.
• The Cyberbullying resource page at www.cyberbullying.ca.
• Web Aware at www.bewebaware.ca. Click on “cyberbullying”.
• The Canada Safety Council at www.safety-council.org. Search for “cyber bullying”.

[updated February 2013]

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Something which can be owned. See "chattels" and "real property."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

Conduct that is permitted both by the law. See "unlawful."

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order."

(1) A lawyer, or (2) the advice given by a lawyer to their client.

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."