Harassment, Intimidation and Threats Page 1

harassment intimidation
and threats

This pamphlet contains general information about the law. For further information on this and other areas of law, contact a library, government agency or PLEA. PLEA is a non-profit, non-government agency that provides a variety of legal information services to the public.

PLEA is funded by the Law Foundation of Saskatchewan and the Department of Justice Canada. PLEA is supported by the Law Society of Saskatchewan, Canadian Bar Association (Saskatchewan Branch), College of Law, Saskatchewan Legal Aid Commission, Saskatoon Public Library, and the public libraries and regional colleges throughout the province. PLEA also receives generous support from Saskatchewan Justice.

PLEA gratefully acknowledges the financial contribution of the Department of Justice Canada toward the production and printing of this pamphlet.

If you need legal advice, contact a lawyer.

Don’t be Intimidated
Are you being harassed or threatened? Has someone been repeatedly phoning or following you? If someone is disturbing you, it may be considered an offence under the Criminal Code. While these types of behaviour are frequently associated with family violence, an offender can be anyone: a current or former partner, a co-worker, casual acquaintance or total stranger. Such behaviour can be directed towards an individual, their family, their friends or co-workers, and may involve other criminal acts such as break and enter, assault or unlawful confinement.

Criminal Harassment
It is a criminal offence for anyone to make you reasonably fear for your safety or the safety of someone you know by...

repeatedly following you or someone you know
repeatedly visiting, calling or writing you or someone you know
watching your home or workplace
threatening you or someone in your family

No actual injury need occur. The offender does not need to have intended to harm you. If their behaviour would cause a reasonable person to fear for their safety, it is criminal harassment. Serious cases could result in an offender being sent to jail for up to ten years.

Intimidation
It is a criminal offence for anyone to try to force you to do something or prevent you from doing something by...

using violence against you, your family or your property
threatening you or your family with violence or damage to your property
following you
taking your things
chasing after you by car
watching your home or place of work

Offenders can be jailed for up to five years. In some cases an offender may be prohibited from possessing firearms, ammunition or explosives.

Uttering Threats
It is a criminal offence for anyone to threaten to...

kill you or cause bodily harm to you
damage, destroy or burn your property
kill, poison or injure your animal or bird

The maximum penalty for threatening death or bodily harm is five years imprisonment. The maximum penalty for uttering threats to damage property or kill animals is two years.

Indecent or Harassing Telephone Calls
It is a criminal offence to make an indecent telephone call, or to repeatedly call someone to harass them. This offence carries a penalty of up to six months in jail and/or a fine of up to $2000. It is also a criminal offence to tell someone false information with the intent to injure or alarm them, for example, that someone close to you has been injured or killed. The maximum punishment for this offence is two years in jail.

Extortion
Extortion means using threats or violence to get someone to do something or to obtain something. Extortion is a criminal offence. Many people think of extortion as involving only money, but this is not always the case. For example, a person could be convicted of extorting an act of sexual intercourse.

This offence carries a maximum penalty of life imprisonment. If a firearm is used, the minimum sentence is four years imprisonment.

Causing a Disturbance
It is a criminal offence to cause a disturbance in a public place. It is also an offence to loiter, molest or obstruct people in a public place. Causing a disturbance could cover such things as fighting or yelling on the street, or shouting or harassing someone in a bar, restaurant or shopping mall.

This offence carries a penalty of up to six months in jail and/or a fine of up to $2000.

Getting Help
If you are being harassed, intimidated or threatened, get help. Ask a friend to stay with you. Call the police. Change your phone number. Make a note of the name of the person who is bothering you, if you know it.

If possible, record the dates of the occurrences along with a description of what happened. Keep a record of anyone who may have witnessed the occurrences.

If the harassment or threats are made by phone, use the call trace feature through your phone company. Information about this feature can be found in the front pages of your phone book, or you can contact the phone company. Call trace allows the phone company to provide the police with evidence that can be used in court. You can also record the phone calls yourself.

DO NOT PUT YOURSELF AT RISK.

Calling the Police
If someone has been uttering threats, harassing or intimidating you, call the police. Get the badge number of the officer you talk to so that you can refer to it if you need to call the police again. The police can investigate to find out who is disturbing you.

Criminal Charges
If the police decide to charge a suspect, that person may be arrested or summoned to appear in court at a later date. Ask the police to be kept informed about your case and indicate concerns about your safety. The police or Victim Services can tell you whether someone has been charged in connection with your case, whether he or she has been arrested or released, and provide information about any scheduled court appearances.

Even if the person is arrested, they may be released. You must take steps to protect yourself, such as staying with a friend or at a shelter.

The police cannot keep a person in jail for more than 24 hours without charging them. The police and the Crown Prosecutor can ask that the court require the person to stay away from you as a condition of their release.

Going to Court
If the police arrest and charge the person, you may be required to testify in court as a witness. Crown Prosecutors handle criminal cases. They decide whether there is enough evidence to justify taking the case to court.

If the matter goes to court and the accused pleads guilty or is found guilty at trial, he or she could be sent to jail. The court may also order that the offender not have any contact with you, and that they not be at or near your home or workplace. They may also prohibit the offender from possessing any weapons or require the offender to attend counselling.

You may wish to prepare a Victim Impact Statement to let the court know how the crime has affected your life. The court can consider this information when sentencing the offender.

Being a Witness
Witnesses and victims may have fears and concerns about testifying in court. They may be worried about giving personal information. They may be unsure about understanding and answering questions well. They may be worried about not remembering important dates, times or other details.

These concerns are normal. The Crown Prosecutor and provincial victim/witness services can provide witnesses and victims with information about what to expect in court, and options that may make testifying easier.

It is important for witnesses and victims to get the assistance they need to enable them to appear and testify in court as required. If a person, including a witness or victim, ignores a subpoena to appear in court, they can be arrested and brought before a judge.

If a witness or victim refuses to testify in court they could be held in contempt of court and face a fine, or jail, or both. Witnesses and victims should ask the Crown Prosecutor or victim services personnel to help them prepare to testify in court.

Other Orders
If you have been threatened and know who the person is, you can apply to court for a peace bond.

A peace bond requires a person you fear to enter into a recognizance and comply with conditions to stop harassing or intimidating you. Failure to comply with a peace bond is a criminal offence. A Crown Prosecutor or the police can provide information and help you obtain a peace bond.

You may also be able to get a victim’s assistance order under The Victims of Domestic Violence Act. These orders are only available in situations of family conflict. Talk to the police or a lawyer.

You can also call the victims’ assistance program in your area. They can tell you about other services to deal with harassment. Ask the police for information about victim services available in your area.

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