2012 ABCA 127

In 2012 ABCA 127, Mr. K was charged with one count of harassment against his wife and four against his children. Mr. K was emotionally and physically abusive to his children and wife. He stated that his wife needed a “tune-up” every two weeks, which consisted of physically attack-ing his wife. His wife fled the home to a shelter with her children and later moved to a new home. Mr. K was able to contact the family and leave messages, despite them not sharing the new telephone numbers with him. He also called Ms. K at work. Ms. K contacted the police and had an emergency protection order put in place. The police warned Mr. K not to contact Ms. K or his children without their consent. Mr. K would appear at places where the children and the mother were and repeatedly call Ms. K, breaching the no contact order. He was convicted of harassment including for repeated telephone communication and for watching his daughter at a bus stop. He was acquitted of the harassment charges related to the other three children. His pre-charge conduct and ability to find unlisted numbers factored into his family’s reasonable experience of fear.

He was sentenced to 45 days’ conditional imprisonment and two years of probation. Mr. K appealed his conviction of criminal harassment in 2012 ABCA 127 seeking an absolute discharge, but his appeal was dismissed because Mr. K provided no evidence that society would benefit from his discharge, particularly given the seriousness of his crimes.

Also see: 2011 ABCA 318 (Appeal); (Application for adjournment of appeal); 2009 ABCA 253 (Application to dismiss appeal for want of prosecution); 2011 ABCA 25 (Application to dismiss appeal for want of prosecution); [2012] AWLD 3588 (ABQB) (Trial).


Criminal Offence(s): Criminal Harassment