2014 ONCJ 103

In 2014 ONCJ 103, Mr. G was charged with criminal harassment. He had an intimate relation-ship with a woman, Ms. M, for around three years, who he met at a hospice support group after the death of Ms. M’s husband. After Ms. M ended the relationship Mr. G continued calling her and coming to her home uninvited. He had previously called her friends and told them personal details about her. After Ms. M contacted the police, Mr. G stopped communication. Years later he saw her at church with her boyfriend where Mr. G communicated that he wanted to continue a relationship with her and began leaving Ms. M unwanted voicemails over several days. The voice messages were several minutes long. The court stated that the voice messages consisted of Mr. G “bemoaning the fact that the complainant is with another man, speaking of his continuing love for her and speaking of his inability to get over his love for her. There is nothing specifically or explicitly threatening about them; he does not threaten anyone with bodily harm, he does not threaten harm to himself, although he does refer to the fact that his unrequited love is continuing and it is having an effect on his health.”[1]

He also called her new boyfriend. Ms. M told Mr. G not to call anymore and then called the police. The court found that she was distraught and upset about the messages but because she never stated she felt fear for her safety, Mr. G was acquitted. The court noted:

If the charge had been framed under section 372(3) of the Code, I would not need to assess any fear of the complainant and the trial would continue on its facts until concluded. Unfortunately, there is no jurisprudence I am aware of that makes 372(3) an included offence in section 264(1), (2) or (3).[2]

[1] 2014 ONCJ 103 at para 8.
[2] 2014 ONCJ 103 at para 17.


Criminal Offence(s): Criminal Harassment