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      • eQuality Project Youth Summit Documentary
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    • Disconnection Challenge
    • Connection Challenge
    • Half Girl, Half Face
    • International Day of the Girl
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    • Panel on AI & Algorithms
    • Pushback Timeline
    • Tech-Facilitated Violence – Criminal Case Law
    • #tresdancing
    • Transcending Technology – Between Freedom and Surveillance
    • unLine Exhibition
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Tech-Facilitated Violence – Criminal Case Law – Intimidation

Home / Resources / Tech-Facilitated Violence – Criminal Case Law / Tech-Facilitated Violence – Criminal Case Law – Intimidation

OFFENCE ELEMENTS - INTIMIDATION

423(1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrong-fully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;

(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

(c) persistently follows that person;

(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

(f) besets or watches the place where that person resides, works, carries on business or happens to be; or

(g) blocks or obstructs a highway.

Exception

(2) A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section.

SELECTED CASE LAW

TABLE OF CONTENTS:

BRITISH COLUMBIA:
2007 BCSC 1596

NEW BRUNSWICK:
2005 CarswellNB 796 (NBPC)

NOVA SCOTIA:
2018 NSSC 156
2017 NSSC 292

ONTARIO:
2017 ONCA 602
2016 ONSC 7062
2015 ONCJ 392

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University of Ottawa, Brooks 410,
100 Thomas More Private
Ottawa, ON K1N 6N5
CANADA

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