SELECTED CASE LAW
In 2011 ONCA 834, Mr. H, threatened to mail his ex-girlfriend’s nude photos to her neighbours, coworkers, and others. When he eventually distributed the photos, his ex-girlfriend became very ill, sought short-term disability benefits, and received counselling. Mr. H was charged with extortion and nine counts of criminal harassment.
At the trial level, the Court noted that Mr. H “used the existence of the embarrassing photos and the threat that they would be disclosed to family […] as a tool to bend [the victim’s] will to suit his needs” Although he was guilty of extortion, the Court was not satisfied that H was also guilty of criminal harassment. As the Court held, “The effect on [the victim] is better de-scribed as vexing and annoying. I have not been convinced beyond a reasonable doubt that she was emotionally traumatized or affected to the extent required by section 264.” The court also stated, “While the photos in question were ‘tools of coercion’, the fact remains that they were taken with Ms. A.’s consent.” Mr. H was sentenced to 18-months’ house arrest, followed by 3-years’ probation.
An appeal of the conviction was dismissed.
Also see:  83 WCB (2d) 760 (ONCJ) (Sentencing);  OJ No 1378 (ONCJ) (Trial).
 2009 CanLii 34031 at para 13.
 2009 CanLii 34031 at para 31.
  OJ No 1378 (ONCJ) at para 5.
Criminal Offence(s): Criminal Harassment