SELECTED CASE LAW
ONTARIO:
In 2013 ONCJ 829, Mr. A was convicted of criminal harassment after following his ex-girlfriend, Ms. S, to work and home, texting, Facebook messaging and calling her repetitively, and using fake Facebook accounts to repeatedly contact her after their breakup. Ms. R communicated to Mr. A that she felt harassed and scared. In one of their online exchanges, Mr. A wrote, “Until the day that I die, I will always follow you. At work you’re going to see me, in front of your house you’re going to see me, I’m just going to be everywhere”.[1] Mr. A also stated that he hoped Ms. S would call the police because then he could take her to trial and publish her case on his website “so that when people Google her they will know who she really is.”[2] In one Facebook message, he wrote:
Just in case for your references [sic] if the case goes to trial your lawyer who you have to pay $5000 will have to provide me your phone records and I will supeona [sic] every single guy you had contact with from the time I met you until the offence date. So these guys will come to court and testify to describe your character.
He closed that message by writing, “I am only letting you everything in advance cause I still care for you.”[3]
She blocked him on Facebook and an app they were using to communicate, BuddyFriend. She also changed her cell phone number.
Although Mr. A and Ms. S led opposing evidence about the Facebook messages and subsequent events, the Court found Ms. S’ evidence to be forthright, credible, reliable and trustworthy. Mr. A’s Facebook message stating “You got me crazy now, so I can be your best friend or your worst. Make your choice wisely, please!” was confirmed as a threat to Ms. S’ safety.[4] While the Court expressed concern about the credibility and authenticity of Facebook messages and text messages (many of which Ms. S copied into a Word document before submitting as evidence) it nonetheless found Mr. A guilty of criminal harassment.
2015 ONSC 5842 (Application by accused for appointment of counsel); 2013 ONCJ 829 (Trial); 2013 ONCJ 828 (Application for Stay of Proceedings); 2012 ONSC 7554.
[1] 2013 ONCJ 829 at para 44.
[2] 2013 ONCJ 829 at para 42.
[3] 2013 ONCJ 829, Appendix A.
[4] 2013 ONCJ 829 at para 116.
Criminal Offence(s): Criminal Harassment