Your Criminal Harassment Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
Have You Been Charged with Criminal Harassment?
SCHEDULE YOUR FREE CASE REVIEW TODAY
Being charged with criminal harassment can be very stressful and confusing,
especially if you did not believe your behavior was severe at the time. Many
people do not recognize that certain behaviors, although may appear harmless
to you, may appear very differently to another individual. Behavior that may feel
as though you are simply attempting to communicate, or correct a problem, may
result in others perceiving you as harassing them.|
Canada’s laws regarding criminal harassment take into account the emotional or
mental impact of repeated acts upon a victim. Regardless of whether physical
violence occurs, repeated behavior resulting in a victim(s), fear of future violence,
or harassment can lead to criminal charges. As such, these types of offences are
treated more seriously than most individuals anticipate.
What is Criminal Harassment?
Criminal harassment (often referred to as stalking), is defined pursuant to Section 264 of the Canadian Criminal Code. Repeatedly engaging in specific behaviors that place another individual in a position where he/she feels fearful, threatened or severely distressed constitutes criminal harassment.
A defining characteristic of this offence is that it involves a pattern of conduct rather than one isolated event. One singular act (for example, sending a message) is generally insufficient to establish the requisite level of intent. However, once an individual has indicated his/her desire for no further contact, continuation of contact will likely create problems relatively rapidly.
The prosecution examines the totality of circumstances surrounding the allegations rather than focusing solely on each individual action. While a single instance of behavior may appear inconsequential in isolation; repetition of similar behavior(s) cumulatively contribute to the establishment of the required intent to harass. Examples of repeated behavior(s) include: continuously contacting the complainant after the parties have parted ways; appearing outside the complainants residence/workplace multiple times; sending numerous communications to the complainant through electronic media, including social media.
Additionally, the prosecution does not need to demonstrate evidence of explicit threats. Rather, the determination of whether or not a reasonable person would perceive the behavior as creating a climate of fear is relevant.
What Does the Crown Need to Establish?
For a criminal harassment charge to succeed, the Crown must establish four elements beyond a reasonable doubt:
- There must exist repeated behavior. One incident is insufficient;
2. The complainant must have experienced genuine harassment/distress. Feeling mildly irritated/inconvenienced is insufficient. The fear must be legitimate;
3. The fear experienced by the complainant must be reasonable. Essentially, a reasonable person experiencing similar circumstances would likely experience fear/distress. All aspects of the situation are examined by the court;
4. The accused must have been aware of the fact that their behavior was inducing fear, or alternatively, he/she must have demonstrated indifference towards any evidence indicating that their behavior was inducing fear. Even if an accused indicates that s/he did not intend to cause harm to the complainant, such an indication is not necessarily determinative in establishing whether or not guilt existed.
How We Defend Charges of Criminal Harassment
The defence strategies used against charges of criminal harassment typically revolve around disputing one or more of the above elements. Each case is unique and thus, will depend entirely upon the specifics of the case.
At times, the defence will assert that there were valid reasons for continuing contact. Contact concerning matters related to children, work or litigation may continue to be viewed as reasonable. Other defences may assert that the complainants fear was unreasonable. Not all repetitive actions qualify as criminal harassment; particularly if such actions were not threatening in nature. Establishing identity may also present difficulties in cases involving on-line communications. Should it be unclear who authored a particular communication, this ambiguity may raise questions.
Occasionally, defences may also argue that the allegations were grossly exaggerated. Discrepancies in testimony may influence how a judge evaluates a case.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Criminal Harassment Charges FAQs
To illustrate how common/ordinary interactions can give rise to allegations of criminal harassment consider the following examples:
Someone contacts their former partner after separation to attempt to discuss unresolved issues from the relationship. Initially, the former partner may view the contact as an opportunity to resolve outstanding issues from the relationship. However, should the former partner indicate an unwillingness to continue discussing matters and/or specifically request that contact cease, continued communication can give rise to feelings of overwhelm. Continued communication can potentially give rise to intimidation over time.
An individual appears outside the workplace/residence of a coworker/friend on several occasions without directly communicating with him/her. Although direct communication has not occurred, consistent presence can provide a feeling of being “watched”. Such perceptions can be sufficient to induce fear. Additionally, online communication can be included in this list. Continuous messaging via email/social media, using pseudonyms to avoid detection by the complainant, posting comments/posts intended for consumption by the complainant, etc., can also constitute criminal harassment where such behavior induces distress in the complainant.
Ultimately, frequency of behavior(s) and effect on the complainant determine whether an allegation of harassment exists.
Our Criminal Law Services
Confidence in Every Case
Charged with Criminal Harassment?
Smart Defence Strategies.
Experienced Lawyers.
Real Results.
Providing clear, strategic guidance for every step of your legal journey.
No guesswork, no uncertainty, just trusted legal support.
Free Case Review. We speak, English, Punjabi & Hindi.
Have You Been Charged with Criminal Harassment?
SCHEDULE YOUR FREE CASE REVIEW TODAY