SELECTED CASE LAW
ALBERTA:
In 2012 ABPC 299, Mr. K, a 26-year-old man, pleaded guilty to criminal harassment. After his girlfriend, Ms. S, broke up with him, Mr. K used a cell phone video of her performing oral sex on him to threaten Ms. S and coercer her into communicating with him. He later posted the video on an unnamed website for two days. In an attempt to stop his behaviour, Ms. S returned to the relationship and asked him to delete the video. Mr. K continued to make threats to her and her family and made constant phone calls to Ms. K and her family during the day and night, as well as sending threatening text messages to Ms. S. On certain days she received approximately 50 calls or texts from him. He also made multiple, persistent harassing phone calls to the victim and to her mother, which included graphic threats to kill her. The family eventually changed their phone number. Mr. K later uploaded the oral sex video to a pornography website. He would also park at her home overnight. His actions caused Ms. S and her family to fear for their safety for over a year. Ms. S’s victim impact statement stated “While I was with [Mr. K] during our rough times, I had no quality of life. I was always scared and had no desire to live.”[1]
Mr. K was convicted on two counts of criminal harassment and sentenced to 9-months imprisonment and 18-months of probation, and additional orders including a weapons prohibition, a no contact order with the victim and several other people, a DNA order, and a forfeiture of the items seized by the police in the course of the investigation.
The Court held that threatening to post the explicit video online was an aggravating factor on sentencing, particularly its use to compel Ms. S to stay in the abusive relationship. Despite the fact that Mr. K told Ms. S he had posted the video on the internet the Court decided there was not sufficient evidence for it to could conclude that K posted the video beyond a reasonable doubt.[6] The court, finding Ms. S’s victim impact statement to be credible and trust worthy, found that the harassment was a serious personal injury offence under section 752 due to the psychological damage it caused Ms. S.
[1] 2012 ABPC 299 at para 11.
[2] 2012 ABPC 299 at para 18.
Criminal Offence(s): Criminal Harassment