2017 ABCA 204

In 2017 ABCA 204, Mr. W appealed his sentence for criminal harassment for messages he had posted on Twitter. He had been found guilty of criminal harassment and was sentenced with a conditional discharge, 18 months of probation and additional orders including a no contact order with the victim, a weapons prohibition and a DNA order. Mr. W brought a Charter challenge, arguing that the criminal harassment provisions and probation order violated his freedom of expression rights. The court held that the criminal harassment provisions had already been found constitutional and do not violate Mr. W’s freedom of expression (See: R v Krushel, 2000 CanLII 3780 (ONCA); R v Sillipp, [1995] 99 CCC (3d) 394 (ABQB)) and dismissed that ground of appeal. The court also held that the court did not err when ordering a weapons prohibition and DNA order as the weapons prohibition is mandatory for individuals convicted of criminal harassment and the DNA order was discretionary but had been agreed to as part of the joint sentencing submission and the judge had not erred in making this order. The court dismissed the appeal.


Criminal Offence(s): Criminal Harassment