Criminal Harassment (Stalking, Assault)
Some cases of harassment involve both human rights legislation and criminal law. Stalking, physical and sexual assault fall into this category.
Stalking is defined as criminal harassment in section 264 of the Criminal Code of Canada. Stalking behaviours include repeated contact (physical, visual, email, verbal or physical proximity) with a person who does not consent to such contact.
The behaviour of the stalker directly or indirectly threatens, or reasonably implies a threat to, the other person's safety and security. As with the harassment, stalking is defined by the impact it has on the person being stalked, rather than the intent of the stalker. The Criminal Code defines the prohibited behaviour as:
- repeatedly following from place to place the other person or anyone known to them;
- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
- engaging in threatening conduct directed at the other person or any member of their family.
Stalking can be perpetrated by strangers, acquaintances or those previously involved in a consensual relationship. Behaviours that might be acceptable in a consensual, loving relationship may become stalking when one person wishes to end the relationship and the other does not. For example, frequent phone calls, visits or email could be considered elements of stalking when the recipient considers these contacts unwelcome and unwanted.
Physical or sexual assault are offenses under the Criminal Code of Canada (sections 264.1-278). The Criminal Code includes threats, or actual acts of, nonconsensual force, violence, bodily harm, willful destruction of personal property or death in its definition of assault (section 264.1, 265).
Aggravated physical or sexual assault, in which the complainant is wounded, maimed, disfigured or has her/his life endangered, are considered more gravely and the punishments for committing such acts are likewise more severe.
The Criminal Code of Canada, which further outlines the criteria for definition and punishment of these offenses, can be found on the Department of Justice Canada's web site.
When a concern is brought to the Equity Office that includes allegations that fall under the Criminal Code of Canada, such as stalking, sexual or physical assault, an Equity Advisor may refer the complainant to the RCMP or other appropriate police authorities.
Last reviewed 
2/17/2011 6:39:41 PM
