SELECTED CASE LAW
SASKATCHEWAN:
In 2013 SKQB 239, Mr. W was charged with making harassing phone calls. He had called his ex-girlfriend, Ms. G, 26 times in one day. He would yell, scream, and call her names and leave messages on her machine. She would cry and ask him to leave her alone. She received hundreds of unwanted calls that made her frightened. Mr. W once pounded on her door for two hours. The court noted that:
to determine whether the phone calls made by the accused in that period of time, caused her to be harassed, that he did it — if he harassed, did it without lawful excuse, and that he did have the intent to do it. Having said that though, obviously the whole context of the relationship, everything else that goes on, is relevant when one looks at the telephone call — when one looks at the telephone calls to exaggerate, to demonstrate the point, if a person said, and this is an exaggeration, when I say the sky is red, that means I’m going to kill you, and then he phones somebody and said the sky is red, looked at alone, the sky is red, there’s nothing to it, but when you look at the background it obviously has meaning beyond the statement that the sky is red.[1]
He sentenced to 4 months’ imprisonment, 1 years’ probation, and was given a $3,500 fine, and no-contact order.
On appeal, he argued he had been misrepresented by his lawyer who called insufficient evidence, but his appeal was dismissed.
Also see: [2012] 108 WCB (2d) 281 (SKPC) (Trial and sentencing)
[1] 2013 SKQB 239 at para 3.
Criminal Offence(s): Harassing Communications