Criminal Code of Canada - section 264(2) - Prohibited conduct

section 264(2)

INTRODUCTION AND BRIEF DESCRIPTION

Section 264(2) of the Criminal Code of Canada defines the various forms of conduct that constitute stalking, including repeatedly following, communicating with, or threatening the victim or their family.

SECTION WORDING

264(2) The conduct mentioned in subsection (1) consists of (a) repeatedly following from place to place the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family.

EXPLANATION

Section 264(2) of the Criminal Code of Canada addresses the issue of criminal harassment, which is also known as stalking. The provision outlines the different types of conduct that constitute harassment, including following someone from place to place, repeatedly communicating with them, and watching their home, workplace, or other places they may frequent. Additionally, engaging in threatening conduct towards the victim or their family members is also included in this definition. The essence of this provision is to prohibit conduct that harasses or causes fear in the victim. It is essential to note that the conduct must be persistent or repeated, meaning that a one-time interaction is not enough to form the basis of criminal harassment. This provision is critical in protecting individuals from unwanted attention and ensuring that people feel safe in their homes and communities. Criminal harassment is a serious offence, and the penalties for a conviction can be severe, including fines, imprisonment, and a criminal record that can have long-lasting consequences. The Criminal Code of Canada recognizes the seriousness of stalking and has provided for harsh penalties to deter potential offenders. In conclusion, section 264(2) of the Criminal Code of Canada is an important provision that criminalizes various forms of harassment, including stalking. It serves as a vital tool in protecting individuals from unwanted attention and ensuring that people feel safe in their communities. Its strict application ensures that offenders are held accountable for their actions and deterred from engaging in such conduct in the future.

COMMENTARY

Section 264(2) of the Criminal Code of Canada is an important piece of legislation as it addresses the issue of criminal harassment. The section defines criminal harassment as conduct that consists of repeatedly following, communicating with, besetting, or watching the dwelling-place of another person or persons known to them, or engaging in threatening conduct directed at them or their family. This provision of the Criminal Code can be seen as a necessary measure to protect the physical and mental well-being of individuals from the harmful actions of others. Such behavior can cause immense psychological trauma, making it difficult for victims to carry on with their daily routines or lead a normal life. It can even lead to physical violence or other crimes. Repetitive and persistent behavior is considered to be a crucial element in defining criminal harassment. This distinguishes it from innocuous and friendly conduct that does not cross the line of criminality. The intention of the accused is also a key factor in determining whether or not the act constitutes criminal harassment. The behavior must be carried out with the intention of causing fear, intimidation, or harm to the other person or people known to them. An important element of criminal harassment is the protection of privacy and safety in one's own dwelling place. Besetting or watching the dwelling of another person, even if the perpetrator does not explicitly harm the person or people inside, is a form of invasion of privacy and can be considered a form of harassment. This clause of the law provides protection to individuals from external threats to their safety and security. The section of the Criminal Code also covers situations where the perpetrator engages in threatening conduct directed at the victim or their family, making it clear that threatening behavior is punishable. This clause can deter the accused from engaging in harmful conduct and protects the integrity and safety of the victim and their family. However, it is important to note that the section applies to those situations where the accused's actions are unwanted and uninvited. In cases where the victim has consented to the behavior of the accused or participated in it, the accusations cannot be considered a criminal offense as there would be an absence of non-consent. In conclusion, Section 264(2) of the Criminal Code of Canada is a crucial provision that protects individuals from the harmful actions of others. This provision covers acts that consist of repeatedly following, besetting, communicating with, or watching the dwelling of another person, or engaging in threatening conduct directed at them or their family. Such behavior can cause immense psychological trauma, making it difficult for victims to carry on with their daily routines or lead a normal life. Therefore, this section ensures the protection of the physical and mental well-being of individuals from external threats to their safety and security.

STRATEGY

Section 264(2) of the Criminal Code of Canada deals with the offence of criminal harassment, commonly known as stalking. This offence has serious implications for both the victim and the accused, and it is important to consider the strategic implications when dealing with this section of the Code. The first strategic consideration that needs to be made is the seriousness of the offence. Criminal harassment is a serious criminal offence that can result in significant consequences for the accused. The potential penalty is up to 10 years imprisonment, and a criminal record can have far-reaching consequences for employment, travel, and personal relationships. The second consideration is the impact on the victim. The effects of stalking can be devastating, and it is important to ensure the victim is safe and supported during the process. This may involve obtaining a restraining order or seeking support from victim services. When dealing with this section of the Criminal Code, it is important to have a strategy in place to gather evidence. Stalking offences often rely on evidence such as emails, texts, and social media messages. The Crown will need to show that the accused engaged in conduct that would cause a reasonable person to fear for their safety or the safety of someone they know. In order to protect the victim's privacy as much as possible, law enforcement and Crown prosecutors need to be strategic with their approach. This may involve using specialized units that deal with stalking or harassment cases. When prosecuting stalking offences, it is important to take the accused's mental health into account. Mental health issues can be a contributing factor in stalking, and this needs to be considered when determining the appropriate punishment. Treatment rather than imprisonment may be the best approach in some cases. In terms of prevention, education is key. There needs to be more awareness about the impact of stalking and harassment, and the importance of bystander intervention. This can be achieved through public awareness campaigns and community outreach. In conclusion, dealing with section 264(2) of the Criminal Code of Canada requires a strategic approach that takes into account the seriousness of the offence and the impact on the victim. Gathering evidence, protecting the victim's privacy, taking mental health into account, and focusing on prevention are all important considerations when dealing with this section of the Code.