Criminal Harassment

Being charged with criminal harassment—often referred to as stalking—is a highly distressing experience. You may feel like your actions have been completely misunderstood or taken out of context, yet you are suddenly facing the overwhelming power of the criminal justice system. The anxiety you are feeling about your reputation, your freedom, and your future is completely valid.

At Jajou Law, led by criminal defense lawyer Lary Jajou, we understand that human relationships and communications are complex. We deal in facts and strategic legal defense, not assumptions. Our practice is dedicated to protecting clients from stalking and harassment charges by clarifying your true intent and aggressively challenging the Crown’s evidence. We provide the candid, straightforward advice you need to navigate this crisis.

In Canada, criminal harassment is governed by Section 264 of the Criminal Code. The law is designed to protect individuals from feeling unsafe, but it can easily be weaponized during bitter breakups, family disputes, or workplace misunderstandings.

You can be charged with criminal harassment for behaviors such as:

– Repeatedly communicating with someone (via texts, calls, emails, or social media).
– Following someone from place to place.
– “Besetting” or watching someone’s home or workplace.
– Engaging in threatening conduct directed at the person or their family.
– The consequences of a criminal harassment charge are immediate and severe:

Consequence and The Reality of a Conviction

– Strict Bail Conditions: Immediate no-contact orders that can force you out of your home or prevent you from seeing your children.
– Criminal Record: A permanent record that carries a heavy social stigma, impacting employment and housing opportunities.
– Jail Time: If the Crown proceeds by indictment, the maximum penalty can be up to 10 years in prison.
– Weapons Prohibitions: A mandatory ban on possessing firearms or restricted weapons.

You need a lawyer who will cut through the emotion of the allegations and focus strictly on the legal requirements the Crown must prove.

To secure a conviction for criminal harassment, the Crown Attorney must prove beyond a reasonable doubt that you knew (or were reckless to the fact) that your conduct was harassing, and that the complainant reasonably feared for their safety.

Lary Jajou builds a robust defense by attacking these specific legal thresholds:

1. Clarifying Your Intent
Context is everything. An overwhelming number of text messages might look like harassment in a vacuum, but in the context of an ongoing mutual dispute or attempts to arrange childcare, the intent may not be criminal. We meticulously review the history of the relationship to demonstrate that your actions were not intended to harass, but were instead misunderstood or entirely benign.

2. Disputing the “Reasonable Fear” Standard
The law requires that the complainant feared for their safety, and importantly, that this fear was reasonable under the circumstances. We rigorously cross-examine the complainant’s statements. If their fear was exaggerated, vindictive, or objectively unreasonable given the nature of the communications, the Crown’s case falls apart.

3. Scrutinizing Digital Evidence
Harassment cases often rely heavily on digital trails—text messages, voicemails, and social media activity. We do not take the police’s interpretation of this evidence at face value. We demand the complete, unedited communication logs to ensure the Crown isn’t cherry-picking messages to create a false narrative. We expose missing context, mutual engagement, or provocations by the complainant.

4. Negotiating Favorable Resolutions
In cases where the evidence is complex, we proactively work with the Crown to explore alternative resolutions. This can include negotiating a Peace Bond (Section 810), which requires you to adhere to certain conditions (like keeping the peace and avoiding contact) but results in the criminal charges being fully withdrawn without a criminal record

When you are facing a charge that carries significant social stigma and legal penalties, you do not need false reassurances. You need a hard-hitting, realistic legal strategy.

Lary Jajou is known for his candid, no-nonsense approach to criminal defense. We will transparently explain the weight of the digital evidence against you, outline your most realistic legal options, and aggressively advocate for your rights in and out of the courtroom. Our goal is to resolve the matter efficiently while keeping your record clean.

If you have been contacted by the police regarding a harassment complaint, do not give a statement and do not reach out to the complainant to “clear things up.” Any further contact can lead to immediate arrest and additional charges. Exercise your right to remain silent.

Take control of your situation today. Contact Lary Jajou at Jajou Law at +1 (647) 269-4233 or fill out our highly secure Online Contact Form for a confidential, candid case evaluation.