Criminal Harassment and Stalking

Being accused of criminal harassment or stalking is a serious matter. These allegations can lead to strict bail conditions, the loss of important relationships, and long-term damage to your reputation and career. Charges often arise in the context of breakups, family disputes, workplace conflicts, or neighbour issues, and they frequently involve misunderstandings or one-sided accounts.

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Criminal Harassment & Stalking Defence Lawyers in Alberta

At Davidson Gregory, we defend clients facing criminal harassment and related charges across Alberta, Western Canada, and the Northwest Territories. We understand how quickly normal contact can be labelled as “stalking” and how important it is to present the full context to the court.

What Is Criminal Harassment?

Criminal harassment, sometimes referred to as “stalking”, is an offence under Section 264 of the Criminal Code of Canada. The law covers a broad range of behaviour, including repeated communication, unwanted attendance at someone’s home or workplace, and conduct that causes another person to fear for their safety.

Police and the Crown treat these matters seriously because they are risk-based offences. Charges may be laid even when there has been no physical violence, and even when the accused believed their behaviour was justified, harmless, or mutual. Once charges are laid, the decision to proceed lies with the Crown prosecutor, not the complainant.

Under Section 264, criminal harassment may include:

Continually showing up where the person lives, works, studies, or spends time
Repeated calls, text messages, emails, or social media contact after being told to stop
Following or “watching” someone in public or near their home
Monitoring their movements or activities online or in person
Behaving in a way that appears threatening to the person or their family

To secure a conviction, the Crown must prove that:

A course of conduct (more than one incident)
The complainant actually experienced fear for their safety
That fear was reasonable in the circumstances
You knew or ought to have known that your behaviour was unwanted

The criminal standard is high as the judge must be satisfied beyond a reasonable doubt that all elements of the offence are met. Not all upsetting or inappropriate behaviour is criminal harassment. However, even if the conduct does not meet the criminal standard, police involvement can still lead to bail conditions, court appearances, and major disruption in your life.

How Do Criminal Harassment Charges Work in Alberta?

Alberta takes a protective, safety-first approach to criminal harassment. If police believe there are reasonable grounds to think an offence was committed and the complainant felt fear, they will often lay charges, even if you believed your contact was justified or mutual. Once charges are laid, the process moves forward regardless of the complainant’s wishes, only the Crown prosecutor has the authority to continue or withdraw the case.

After an arrest or charge, the individual may be released at the scene with conditions or held for a formal bail hearing. Release conditions in harassment cases tend to be immediate and restrictive. It is common for individuals to be prohibited from contacting the complainant in any way, restricted from attending certain locations such as the family home, workplace, or neighbourhood, or limited in how they use phones, messaging apps, and social media. Some people may also face curfews, reporting requirements, or rules about where they can live while the case is active.

These conditions can make it difficult to maintain employment, care for children, or attend shared locations. With a lawyer’s help, it may be possible to vary or soften these conditions once the situation has stabilized and safety concerns have been addressed.

Common Situations Leading to Criminal Harassment & Stalking Allegations

Criminal harassment allegations often begin long before anyone calls the police. A relationship ends, communication becomes tense, and one person continues reaching out for clarity, closure, or reassurance. What feels like an attempt to resolve a disagreement to one person can feel overwhelming, intrusive, or frightening to the other.

Some of the most common situations include:

Attempts to repair a relationship after a breakup, where repeated texts, late-night messages, or uninvited visits meant to “talk things out” are perceived as pressure or intimidation
Online communication that becomes excessive, such as sending dozens of messages across different platforms, commenting on posts after being blocked on one account, or closely watching someone’s activity online
Custody or co-parenting disputes, where one parent feels followed during exchanges, repeatedly contacted about scheduling, or monitored in ways that feel intrusive or unsafe
Conflicts with neighbours, including frequent confrontations, lingering outside someone’s home, or recording their movements after tensions rise in the building or community
Workplace or school tensions, where repeated confrontations, emails, or attempts to discuss a conflict escalate into allegations of stalking or threatening behaviour
Situations involving shared property, where someone returns multiple times to pick up belongings or “check on the home,” and the other person interprets the repeated presence as unwanted or intimidating

In some cases, harassment allegations overlap with physical assault or domestic assault charges particularly where a relationship has broken down or there have been prior disputes. A single argument or physical encounter can lead police to view later messages or visits as part of a broader pattern, which is why early legal advice is essential.

Consequences of a Criminal Harassment Conviction

Penalties depend on whether the Crown proceeds summarily or by indictment.

Summary conviction penalties may include:

Fines
Probation
Up to 2 years less a day in jail and/or a fine up to $5,000

Indictable conviction penalties may include:

A jail sentence of up to 10 years

Additional consequences include:

Firearms prohibitions under the Criminal Code
Ongoing no-contact or area restrictions

A permanent criminal record, which may:

Limit employment or professional licensing
Affect immigration and citizenship applications
Restrict international travel, including entry into the United States
Influence family court or parenting matters

Beyond these immediate consequences, having a permanent criminal record can affect nearly every aspect of your life for years to come.

Speak with an Experienced Criminal Harassment Lawyer

If you or a family member is facing a criminal harassment allegation in Alberta, it is important to speak with an experienced criminal defence lawyer as early as possible. A lawyer can help you understand the case against you, protect your rights, and work toward the best possible outcome.

At Davidson Gregory, our defence lawyers will act quickly to address bail and release conditions. We’ll take the time to review the evidence and preserve important records and communications and explore resolutions and represent you in court with a clear, strategic defence. Contact our team for a confidential consultation.

Frequently Asked Questions About Criminal Harassment in Alberta

Do there have to be threats or violence for criminal harassment charges?

No. Criminal harassment often involves repeated contact or monitoring that causes fear, even without explicit threats or physical harm.

What if the other person was also contacting me?

Mutual or invited contact can be very important. Courts must look at the whole context, not just selected messages. Your lawyer will review the full history of communication to show whether the fear claimed was reasonable.

Can criminal harassment charges be resolved without a criminal record?

In some cases, yes. Options may include a peace bond, diversion program, or conditional discharge, depending on the circumstances, your background, and the strength of the Crown’s case.

Will a criminal harassment conviction appear on a background check?

Yes. A conviction will show up on most criminal record checks and can affect employment, licensing, and volunteer opportunities. A record suspension (pardon) may be available after a waiting period.

Can bail or release conditions be changed?

Often they can. Your lawyer can apply to vary conditions that are overly restrictive, for example, to allow contact for parenting purposes or to return to certain locations, if safety concerns can be managed.

How long does a criminal harassment case take to resolve?

Timelines vary, but many cases take several months to over a year, depending on disclosure, negotiations, and whether a trial is needed. Early involvement of a lawyer helps keep the process on track and ensures opportunities for resolution are explored.