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Criminal
Harassment - Prohibited Conduct - in part
As
per Criminal Code of Canada 1998
For
complete "HANDBOOK FOR POLICE AND CROWN PROSECUTORS"
go
to
http://canada.justice.gc.ca/en/dept/pub/hpcp/table.html
CRIMINAL
HARASSMENT / Prohibited Conduct / Punishment / Factors to be
Considered / Reasons
264-1
No person
shall, without lawful authority and knowing that another person is
harassed or recklessly as to whether the other person is harassed,
engage in conduct referred to in subsection (2) that causes that
other person reasonably, in all the circumstances, to fear for their
safety or the safety of anyone known to them.
264-2 The
conduct mentioned in subsection (1) consists of
a-
repeatedly
following from place to place the other person or anyone known to
them;
b- repeatedly
communicating with, either directly or indirectly, the other person
or anyone known to them;
c- 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
d- engaging
in threatening conduct directed at the other person or any member of
their family.
264-3 Every
person who contravenes this section is guilty of
a- an
indictable offence and is liable to imprisonment for a term not
exceeding five years; or
b-
an offence
punishable on summary conviction.
264-4 Where a
person is convicted of an offence under this section, the court
imposing the sentence on the person shall consider as an aggravating
factor that, at the time the offence was committed, the person
contravened
a-
the terms
or conditions of an order made pursuant to section 161 or a
recognizance entered into pursuant to section 810, 810.1 or 810.2;
or
b- the terms
or conditions of any other order or recognizance made or entered
into under the common law or a provision of this or any other Act of
Parliament or of a province that is similar in effect to an order or
recognizance referred to in paragraph (a).
264-5 Where the
court is satisfied of the existence of an aggravating factor
referred to in subsection (4), but decides not to give effect to it
for sentencing purposes, the court shall give reasons for its
decision.
MURDER IN
COMMISSION OF OFFENCE - Criminal Harassment
231-6 Irrespective of
whether a murder is planned and deliberate on the part of any
person, murder is first degree murder when the death is caused by
that person while committing or attempting to commit an offence
under section 264 and the person committing that offence intended to
cause the person murdered to fear for the safety of the person
murdered or the safety of anyone known to the person murdered.
What
is Stalking?
Unwanted pursuit. This is probably the best term to define stalking. There
are many different behaviors that can be called stalking, but all share
two common features: they involve actions not wanted by the victim and
they threaten or cause fear to the victim. New ways of stalking emerge
frequently and no list can encompass them all, but stalking often
includes:
Warning Signs
There is no one list of warning signs that will tell you if you are a
victim. You are the expert. If you are in a relationship that is
concerning you, some warning signs to watch for include:
Frequent loss of temper
Abuse of alcohol and/or drugs
Extreme jealousy
Expects you to spend all of your time with him or inform him of your
whereabouts
Following
Threats
Physical or verbal abuse
Damage or destruction to your property
Puts you down in front of your friends
Talks about violence or is fascinated with themes of violence
Makes your family or friends feel scared or uneasy
Offers of unsolicited help
Refuses to accept "no" for an answer
Isolates you from your friends and/or family
Following or surveillance
Inappropriate approaches and confrontations
Appearing at a place of work or residence
Unwanted telephone calls
Threats
Threats to family and friends
Unwanted letters
Unwanted or threatening gifts
Unwanted pages or e-mail
Damage to property
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