SELECTED CASE LAW
ONTARIO:
In 2007 ONCJ 194, Mr. O harassed his former common law spouse, Ms. M, by repeatedly send-ing her emails (while pretending to be her new boyfriend and containing private details her boyfriend would not have known), making repeated phone calls to her cell phone, and surreptitiously watching her in her home. She received around 5 to 7 “hang up calls” per day, which made her change her cell phone number.
Two years earlier, Mr. O had been acquitted of assaulting Ms. M. While on bail for the assault charge, which included an order to stay away from her home, Mr. O breached that his bail conditions when he drove near the home on one occasion and disconnected a surveillance camera she had installed on another.
At trial, defence counsel argued that the victim fabricated the harassing emails and “insert[ed] an IP Address associated with [the defendant]” in the email headers. The Court rejected this, finding that Mr. O authored the emails, and also that he “beset or watched” the victim’s residence. Mr. O was convicted of criminal harassment.
He was given a suspended sentence, placed on probation for 18 months, orders included no contact with Ms. M and to keep his distance from places she lives, works or studies.
Also see: 2007 ONCJ 151 (Trial).
Criminal Offence(s): Criminal Harassment