SELECTED CASE LAW 

ONTARIO:

2018 ONCA 535

In 2018 ONCA 535, Mr. K had harassed Ms. D and her parents in 2006. Mr. K would call Ms. D constantly, call Ms. D’s sister’s residence, and attempt to deliver unwanted flowers to Ms. D. A no contact order was put in place, but Mr. K continued to contact them. He sent 17 vulgar and sexually explicit letters to Ms. D and phoned her parents. Ms. D did not know Mr. K, other than knowing they went to the same high school. He pleaded guilty to criminal harassment and two counts of failure to comply with a recognizance and was found not criminally responsible due to a mental disorder. He was found to pose a significant threat to the safety of the public and was under supervision following his conviction.

His appeal for a new risk assessment in 2018 was allowed and the court granted an absolute discharge.

Also see: [2017] SCCA No. 317 (Appeal of Ontario Review Board), 2017 ONCA 379 (Appeal of Ontario Review Board), 2016 ONCA 742 (Appeal of Ontario Review Board), 2011 ONCA 703 (Appeal).

 

Criminal Offence(s): Criminal Harassment