Harassment & Threats

A peace bond is an order requiring you to keep the peace and follow conditions for up to twelve months. It is not a conviction and does not result in a criminal record, though it remains visible in some background checks for its duration.

Yes — sections 264, 264.1, and 372 all apply to electronic communications. Online conduct is also frequently better-documented than offline conduct, which cuts both ways at trial.

Repeated unwanted communication, even if rebuffed, can establish the conduct element of criminal harassment. The Crown must also prove the complainant feared for their safety. Both elements are defensible on the facts in many cases.

The Crown must prove you intended the words to be taken seriously or to intimidate. Words said in anger, in jest, or without the required intent may not meet the test — context and intent are central to the defence.

Criminal harassment covers repeated following or communication, watching a person's home or workplace, or threatening conduct that causes the complainant to reasonably fear for their safety. Whether the conduct meets that legal threshold is often contested.

Often, yes. A peace bond under section 810 — a promise to keep the peace for a period — frequently resolves these matters with the charge withdrawn and no criminal record, particularly for a first allegation.

Threatening death or bodily harm under section 264.1 of the Criminal Code carries up to five years’ imprisonment on indictment, or up to two years less a day summarily. Threatening to damage property or harm someone’s animal carries up to two years on indictment. Many first-time uttering threats cases end without jail — through a peace bond, diversion or a discharge — but threats involving weapons, intimate partners or prior incidents are treated more seriously.

It can be. Section 372(3) of the Criminal Code makes it an offence to repeatedly communicate with someone by text, phone, email or other telecommunication, without lawful excuse, intending to harass them — punishable by up to two years. If the messages would reasonably make the recipient fear for their safety, the charge may be criminal harassment under section 264, which carries up to 10 years. Context, tone and the history between the parties matter a great deal.

Yes. A person can apply to a justice of the peace for a peace bond under section 810 of the Criminal Code if they reasonably fear you will injure them, their partner or child, or damage their property — no criminal charge is needed. In family disputes, an Ontario family court can also issue a restraining order. Both impose conditions, and breaching them is an offence. You are entitled to respond, so get advice before agreeing to any terms.

Breaching a peace bond is a criminal offence under section 811 of the Criminal Code, punishable by up to four years’ imprisonment on indictment, or as a summary offence. Unlike the peace bond itself, a conviction for breaching it creates a criminal record. Police usually arrest on an alleged breach, which can complicate release. Defences include lack of knowledge, accidental contact and whether a condition was actually broken. Aaron M. Spektor defends breach allegations at bail and trial.