Criminal Harassment and Stalking Charges Lawyer in Brampton, ON

Section 264(1) makes it an offence to engage, without lawful authority, in prohibited conduct with intent to harass another person, or knowing that or being reckless as to whether they would be harassing that person, where in all the circumstances the conduct could reasonably be expected to cause that person to fear for their safety or the safety of anyone known to them.

Section 264(2) lists the prohibited conduct: repeatedly following the person or anyone known to them; monitoring their location, movements, actions or social interactions; repeatedly communicating with them directly or indirectly; besetting or watching their home or workplace; and engaging in threatening conduct directed at them, at anyone known to them, or at an animal known to them.

Section 264(6) makes clear that a person's safety includes their psychological safety. No threat of violence is required, and no physical approach is required.

Yes. Section 264(2)(a.1) expressly covers monitoring the location, movements, actions or social interactions of the other person or of anyone known to them, and section 264(2) applies to conduct carried out in person, by a means of telecommunication, or by any other means.

This captures tracking apps, location sharing, monitoring software on a shared device, and following someone's activity across social media accounts. It also captures conduct carried out through a third party — asking a friend to watch or message someone is doing it indirectly.

Section 264 was amended in 2026, and anyone relying on older material about what the section covers should treat it with caution. The monitoring provision and the express reference to psychological safety are recent.

The last two elements are where these cases are usually fought. Fear is assessed both subjectively — did this complainant actually fear — and objectively, whether the fear was reasonable in all the circumstances.

Repetition matters too. Several branches of section 264(2) require conduct that is repeated, which means a single message or a single approach will not ordinarily support a charge under those branches.

Section 264(3) makes it a hybrid offence: up to 10 years on indictment, or summary conviction.

Section 264(4) requires the court to treat as an aggravating factor that the offence was committed while the accused was contravening a section 161 order, a recognizance under section 810, 810.03, 810.1 or 810.2, or a similar order or undertaking. Section 264(5) requires reasons if the court declines to give that factor effect.

Section 231(6) is worth knowing about for context: murder committed while committing criminal harassment with intent to make the victim fear for their safety is first degree murder regardless of planning. The section sits inside a serious framework.

Charges of this kind frequently arise out of a relationship breakdown and come with release conditions restricting contact. Those conditions bind immediately, and breaching them creates a separate charge under section 145 — often easier for the Crown to prove than the harassment allegation itself.

See also our pages on uttering threats, domestic violence and peace bonds. A peace bond under section 810 resolves many of these cases without a conviction.