2016 BCPC 300

In 2016 BCPC 300, Mr. F was found guilty of criminal harassment and threatening conduct but was acquitted of uttering threats. After the end of a long-term tumultuous relationship, Mr. F began following his ex-partner, Ms. S, and engaging in unwanted communication. He would make comments such as “If I can’t have you, no-one can. I don’t care if I go to jail”.[1] Mr. F would park outside of locations where he knew she was and repeatedly call and text her. A protection order was put in place where Mr. F was only allowed to contact Ms. S in regard to their children. One night when her new boyfriend spent the night at her house, Mr. F parked outside blocking her driveway and called several times throughout the night. Ms. S did not notice the calls because her phone was off. When she did turn her phone on she answered a call from Mr. F who demanded to know whose vehicle was in the driveway, that she give him his gun, which Ms. S refused, and that she come out and speak with him. He followed this conversation with 40 minutes of texting before he left. The courts found him guilty of harassment by repeated communication causing fear, watching and besetting, and threatening conduct due to the (i) repeated telephone calls which were unanswered; (ii) a telephone call that was answered; (iii) text communications; (iv) telephone calls where he engaged Ms. S; (v) driving his truck to a lo-cation where he knew Ms. S. to be and using that truck to block the egress by any motor vehicle from the driveway; (v) utilizing words of contempt towards Ms. S in an intimidating and frightening manner. The court considered his history of disrespectful and aggressive behaviour, not-ing that he knew what behaviours would make Ms. S fearful. The court noted that multiple unanswered telephone calls can meet the repeated communication requirement for harassment (See 2012 BCCA 469).

He was given a 60-day conditional sentence and 18 months of probation, other orders included a 10 year firearm prohibition, a lifetime prohibited firearms prohibition, a DNA order, a no con-tact order with the victim, and an order to keep his distance from the victim’s residence and other places it is known she may be.

Also see: 2016 BCPC 299.

[1] 2016 BCPC 2016 at para 25.


Criminal Offence(s): Criminal Harassment