Have you been receiving unwanted gifts, phone calls, emails, messages and felt that someone had been secretly following your whereabouts? Don’t take this lightly. Your safety may be at risk. Stalking is a crime called criminal harassment in Canada.

Based on research, many people who have reported a similar incident to the police said that the police took their case lightly. Some even got baffled reactions from people they tell their ordeals to.

What is Stalking? 

As lightly as it may sound, stalking, also known as criminal harassment, should be prosecuted because it is predatory. It makes the victim feel unsafe and fearful. 

Several stalking cases have been taken lightly but have taken the most unimaginable twists, leaving their victims either lifeless or traumatized due to terror. 

Stalking may come in different forms, some range from the simplest acts such as gift-giving, phone calls, following the victim, and can be considered stalking if the attention is unwanted and comes to the point of harassment.

Understanding Stalking or Criminal Harassment

Stalking, legally known as “criminal harassment,” is misunderstood by many. Often, stalking is romanticized and taken as a sign of love. 

Repeatedly following, communicating, despite being told off, watching over someone’s house and activities is not a sign of love. 

This is a sign of obsessive behavior ruled by power and abuse. Again-do not be flattered. 

Because of how the authorities treat stalking, many criminal harassment cases have escalated to violence and death. Let’s quickly look into the two most common reasons for stalking.

People who get rejected

When someone is rejected by a lover, a family, or a co-worker, they can sometimes result in stalking as an outlet of their anger or frustration. 

This mostly happens to people who can not take rejection and take it out in the form of stalking whoever had rejected them. 

The hope of Interest 

This behavior is often done by people who are interested in someone (mostly related to a sexual fantasy), hoping that the other person will take an interest in them. 

Sometimes, stalking may also be associated with a mental condition such as delusion.

What behaviours comprise stalking?

Sadly, stalking includes varied forms of behavior that only aim to control and frighten its victim. In earlier years, stalking was all about phone calls, sending unwanted gifts and messages.

But today, stalking has evolved in so many different ways and often involves harming the victim.

• Repeated phone calls and hanging up when the call is answered

Similarly, a stalker may also call and just remain utterly silent on the other end of the line. This is a way for the stalker to somehow “check” your whereabouts, find out if you are home, and sometimes make their presence known.

• Repeatedly sending letters/emails and even stealing mail

Stalkers like sending repeated letters and emails, making their presence known. These letters or emails can contain different things, such as clues of their identity. 

In some cases, stalkers also like stealing mail from you to know your transactions.

• Obscenity

This is typical behaviour of a stalker, especially when it involves sexual fantasies. It usually starts with threatening messages of different kinds; emails, letters, text messages, etc.

Later on, when they are unnoticed, the behaviour escalates to obscenities and trash talk in the messages for the sole purpose of threatening its “prey.”

• Unwanted and Uninvited

Stalkers are also known to send unwanted gifts to the victim and show up uninvited to their workplace and home. This is a kind of behavior that is serious and fatal at the same time. 

Flowers and gifts may be a form of flattery, but when an unwanted guest shows up in your workplace or home, that is already a crime of harassment. 

• Vandalizing

Stalkers are also known to vandalize property and harass other people connected with the victim. When the predator feels that they are not noticed, they attack other members of the victim’s circle; mostly co-workers, family members, and even pets. 

• Sexual Assault

In worst cases, especially sexual fantasies and obsession, stalking can lead to sexual assault, kidnapping, and being held hostage. 

The Law on Stalking in Canada

In Canada, criminal harassment is punishable by summary conviction or indictment, depending on the gravity of the crime. If found guilty, someone charged with criminal harassment may be penalized for ten years in prison.

Here is Section 264 of the Criminal Code of Canada and includes what the punishments are and what revolves around them.

 (1) of the Criminal Code specifies:

264. (1) Criminal harassment – “No person shall, without lawful authority and knowing

that another person is harassed or recklessly as to whether the other is harassed,

engage in conduct referred to in subsection (2) that causes that other person

reasonable, in all circumstances, to fear for their safety or the safety of anyone known to

Them.” 

This means that whoever causes fear to anyone by harassment and the acts listed in subsection two shall be considered a criminal harassment offender.

(2) Prohibited conduct -” The conduct mentioned in subsection (1) consists of

repeatedly following from place to place the other person or anyone known to them;.”

• Directly or indirectly and repeatedly communicating with the other person and whoever it is they know.
• Silently/secretly watching the house or place of work of the other person.
• Any form of threatening conduct directed to the person or their family members or anyone known to them. 

Punishment – “Every person who contravenes this section is guilty of.”

• Criminal Harassment is an indictable offence and imprisonment for not longer than 10 years.
• It may also be punishable on summary conviction.

Statistics Concerning Stalking

• In 1996, 80% of the victims were women. A majority of the persons accused were men.  (Bunge and Levett 1998, 8).
• It has also been found that criminal harassment is linked to domestic violence.  A Majority of stalkers are ex-intimate partners of the victims, and that most of the victims know the identity of their stalker.  (METRAC 1998, 2).
• Both men and women can be stalkers and, in the same manner, can also be victims of stalking.  

Don’t hesitate to ask for legal assistance from Diamond & Diamond Lawyers if you’ve been a victim of stalking/criminal harassment. Call us at 1-800-567-HURT for a FREE case evaluation.

The Effects of Stalking/Criminal Harassment

• Emotional Impact
• Fear
• Anger
• Depression
• Anxiety
• Isolation
• Loss of confidence
• Reduced sense of self-worth

You are not alone. Do not allow your stalker to cut you off from the people around you. Please, seek professional help. 

Let Diamond & Diamond Lawyers Help You with Your Stalking Case

This is not an easy situation. Do not deal with it alone. We strongly recommend seeking emotional and professional support. 

You need to cope with the stress and anxiety of the case with the help of professionals who know precisely how to lead you out of fear or trauma.

Contact Diamond & Diamond today to pick an excellent lawyer and get the legal assistance you need.

Pro Tip

“Do you feel like someone is stalking you? Call the police immediately.”