2000 45 WCB (2d) 394 (ONCA)

In [2000] 45 WCB (2d) 394 (ONCA), Mr. K, a 39-year-old man, met a 14-year-old girl at a McDonald’s. He made sexually explicit comments to the girl, asking her inappropriate questions about her sexual experience. The girl denied giving Mr. K her phone number. Mr. K claimed the girl was open to his comments, have given him her phone number, and he was not aware of her age. She told her friends about the incident and they told the manager of the restaurant and wrote down his licence plate number.

The next day, Mr. K called the girl and made additional sexual comments. She told him not to call her, calling him a pervert and saying she would get in trouble if he called again. She noted the number he called from, which was Mr. K’s workplace. She was concerned enough to call the police. The girl stated she received several hang up calls over the next few days, some of which were from the same number, which made her feel afraid that Mr. K was stalking her.

Mr. K was convicted of harassment and sentenced to 18 months imprisonment.

On appeal, Mr. K argued that the complainant did not reasonably fear for her safety, was not harassed, and he was not aware he was harassing her, arguing the hang up calls would be better to be suited under the less serious harassing communications provision. The appeal court found that Mr. K had repeatedly communicated with the girl by calling her multiple times, was aware he was harassing her, and the girl had a reasonable fear of Mr. K’s calls.

The appeal was dismissed.


Criminal Offence(s): Criminal Harassment