SELECTED CASE LAW
ALBERTA:
In 2002 ABPC 115, 28-year-old Ms. C harassed her former sexual partner, Dr. D, with repeated phone calls and letters, threatening statements, and unwanted deliveries after learning that he was engaged to another woman. Ms. C sent anonymous letters to local businesses warning that Dr. D, a dentist, had HIV and was infecting his patients. She also wrote that he molested her daughter, although she did not have a daughter. She sent over 100 letters to his colleagues and neighbors with various allegations aimed at negatively affecting his reputation and career. At one point, over a two-day period she phoned Dr. C over 50 times, leaving threatening and abusive messages. She also called members his family, his fiancé and member’s her family. She continued to contact him despite a civil restraining order and a peace bond that forbade contact with Dr. C and certain members of his family. Ms. C would deliver unwanted gifts and services to his residence or place of work. Ms. C tried to counsel an undercover officer to make harassing calls to Dr. C and his family members. Ultimately, the Court held that Ms. C intended “not to break the law, but want[ed] [the victim] to hurt as much she had been hurt by him.”[1] She breached a recognizance order that prohibited contact with her ex-partner and encouraged one other person to harass him. Ms. C pleaded guilty to multiple counts of harassment, breach of recognizance, assault, and counselling another person to commit a crime (criminal harassment). She was sentenced to 18-months imprisonment followed by 3-years of probation, additional orders including a weapons prohibition, prohibition from possessing or using a cellphone or pager without authorization, to keep her distance from Dr. C, his parents, and their place of employment, a no contact order for Dr. C and his parents, and a DNA order.
[1] 2002 ABPC 115 at para 67.
Criminal Offence(s): Criminal Harassment