Difference between revisions of "Stalking, Criminal Harassment, and Cyberbullying"

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