Criminal Harassment
criminal harassment section in the criminal code
264
What kind of things do cyberbullies do?
Send threats, spread rumours, share private pictures, make fun of someone
Maximum penalty for a summery offence of criminal harassmant
2 years less a day and/or a $5,000 fine
Who was convicted in Amanda Todd’s case?
Aydin Coban
A person keeps sending unwanted texts to an ex-partner for a few weeks, even after being asked to stop. The messages are not overtly threatening, but they cause the ex-partner to feel scared and anxious.
state whether its a summery or indictable offence and list some reasons why
summery
No direct threats or violence
Limited duration, lasting a few weeks
Lower degree of harm, the ex-partner is scared and anxious, but not physically harmed
No prior criminal history, if the accused has no record and shows signs of understanding the harm caused, the Crown might proceed summarily
What is one way someone can protect themselves from cyberbullying?
Block the person, report the abuse, save evidence, tell a trusted adult
what criminal harassment is also know as, the more common term
Stalking
In R v. B.W., what offence did the 17-year-old commit?
Non-consensual sharing of intimate images
A criminal harassment case where the accused genuinely believed their conduct was welcome could fail on this ground
Lack of mens rea, no intent or recklessness
Posting a single rude comment is always criminal harassment.
False — it must be repeated and cause fear for safety