2017 SKPC 49

In 2017 SKPC 49, Mr. D was accused of harassment, uttering threats, and breaching an under-taking. After his wife filed for divorce, Mr. D began harassing her. He threatened to damage her van and he let the air out of the tires. Ms. D moved to a shelter and received an emergency intervention order that included an order that Mr. D must keep his distance from the home, school and work places of Ms. D and her children.

Ms. D later took possession of the family home. Mr. D frequently texted, emailed, yelled at her, and took photos around where she lived, which made Ms. D feel monitored. He claimed the photos were for a civil law proceeding, but the court held that they were for spying purposes. At trial she had been aware of some of the photographs exhibited, but not was not aware that Mr. D followed her to the shelter, her place of work, her church, out of town and when she was driving to take photographs of her. He once entered her home and threatened to harm their child if he tried to stop him from being in the home.

He was found guilty of uttering threats and harassing her with his repeated communication, monitoring and threats.

When considering Ms. D’s fears, the court stated:

In respect of the contention that she would have taken some kind of action to protect herself if she was actually afraid, I find as follows. First of all it is not a universal truth that a spouse in fear will take action. There are many instances where spouses in fear have lived for decades with an abusive partner. Secondly, LD did do something. She started keeping a journal. She went to see a lawyer. She went to Interval House with her children. She was able to obtain an EIO. Later she got the consent order. She got the trailer removed from the residence. She did what she could.

As previously indicated, I accept that LD had over her adult life learned to live with her fear and to cope with it. That did not mean it was not real or that it is not there.[1]

Her fear was found to be reasonable. He was convicted of harassment and uttering threats, but acquitted of breaching an undertaking.

[1] 2017 SKPC 49 at paras 200-201.


Criminal Offence(s): Criminal Harassment