Canadian Criminal Law/Offences/Criminal Harassment

Proof of Offence
The Crown must establish the essential elements of the offence:
 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) the accused has engaged in the conduct set out in s. 264(2)(a), (b), (c) or (d) of the Criminal Code;
 * 5) the complainant was harassed by the conduct.
 * 6) the accused, who engaged in such conduct, knew that the complainant was harassed or was reckless or wilfully blind as to whether the complainant was harassed;
 * 7) the conduct caused the complainant to fear for their safety or the safety of anyone known to them; and
 * 8) the complainant’s fear was, in all the circumstances, reasonable.

Interpretation
There is no requirement to prove the mens rea of the offence where it can be inferred from the facts.

Safety extends beyond simply fear of physical harm but also includes psychological and emotional security.

See Also: R. v. Wisniewska, 2011 ONSC 6452