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Stalking: Legal Definitions and Recognition

A guide to navigating the care and reporting pathway for those experiencing stalking.

IMPORTANT NOTICE FOR SURVIVORS

You are not alone. Sexual assault is a serious human rights violation, and you deserve protection and justice. This guide is designed specifically for sexual abuse survivors who may be experiencing stalking. 

CONTENT WARNING: This guide discusses sexual assault, trauma responses, and legal procedures. Please prioritize your safety and well-being while reading this material.

CRISIS SUPPORT: If you need immediate support, contact:

  • Sexual Assault/Rape Crisis Helpline: 1-888-579-2888
  • Ontario Crisis Line: 1-833-456-4566
  • Emergency Services: 911

 

Legal Definition of Stalking in Canada

Criminal Code Section 264 - Criminal Harassment: Criminal harassment (stalking) occurs when someone repeatedly follows, communicates with, watches, or engages in threatening conduct toward another person, causing them to fear for their safety.

Elements of Criminal Harassment:

  1. Repeated conduct - pattern of behavior, not isolated incidents
  2. Specific prohibited activities:
    • Following the victim or anyone known to them
    • Repeatedly communicating with the victim or their associates
    • Besetting or watching the victim's home, workplace, or frequented places
    • Engaging in threatening conduct toward the victim or their family
  3. Reasonable fear - the victim reasonably fears for their safety or the safety of someone they know

Types of Stalking Behavior

Traditional Stalking:

  • Following or surveillance
  • Unwanted visits to home, work, or other locations
  • Leaving unwanted gifts or messages
  • Vandalism or property damage
  • Threats of violence

Cyberstalking:

  • Excessive emails, texts, or social media contact
  • Creating fake online profiles to monitor or harass
  • Sharing personal information online without consent
  • Using technology to track location or activities
  • Online impersonation or identity theft

Intimate Partner Stalking:

  • Continued harassment after relationship ends
  • Monitoring through shared accounts or devices
  • Using children as means of continued contact
  • Violating protective orders or agreements
  • Escalating behavior when victim tries to leave

Understanding the Pattern 

Escalation Cycle: Stalking often follows a predictable pattern:

  1. Initial contact - seemingly innocent attempts to reconnect
  2. Persistence - continued contact despite clear rejection
  3. Escalation - increased frequency and intensity
  4. Threats - explicit or implicit threats of harm
  5. Violence - potential for physical harm or property damage

Impact on Victims:

  • Constant fear and anxiety
  • Disruption of daily activities
  • Social isolation
  • Economic impacts (job loss, moving expenses)
  • Physical and mental health effects

Legal Thresholds

"Reasonably Fears" Standard: Courts consider:

  • The nature and frequency of the conduct
  • The relationship between parties
  • The victim's subjective fear
  • Whether a reasonable person would fear for their safety
  • The perpetrator's history of violence or threats

Documentation and Protection Options

Carefully documenting stalking can help establish patterns, support safety planning, and strengthen protection or legal options if you choose to pursue them. This section outlines practical ways to safely record incidents, preserve digital and physical evidence, and track the real-life impacts of stalking.

Reporting to Authorities 

Reporting stalking to police or prosecutors is a personal choice and can happen at any point in your journey. This section explains what the reporting process may involve, how to share evidence and impact statements, and what supports and protections may be available if you choose to engage with the justice system.

Protection Orders and Legal Remedies

There are several legal options that may help limit contact, increase safety, and set clear boundaries with someone who is stalking you. This section outlines peace bonds, restraining orders, and criminal court conditions—what they can include, when they may apply, and how they may support your safety, with or without criminal charges.

Safety Planning

Safety planning is an ongoing, flexible process that can help reduce risk and increase your sense of control. This section shares practical personal, digital, and legal safety strategies you can adapt to your situation, alongside guidance on staying connected to trusted supports and services for victims of crimes. 

Help Us Advocate for Better Survivor Support in Your Community

If your community lacks access to forensic evidence collection or adequate support services for survivors, or if there's a need to enhance existing services, we want to hear from you.

Fill out the form to lend your voice to this call to action and help us to address your community's needs. Our team will use this information to engage with local hospitals and health centres to advocate for stronger survivor supports.

Confidentiality Notice: All names and contact details are kept strictly confidential and will never be shared with hospitals or healthcare centres during this process.

Your Voice Matters: Help Strengthen Survivor Support in Your Community

Together, we can ensure every survivor has access to the care and services they deserve. Share your insights about the gaps in support in your community, and we’ll work to advocate for change with local hospitals and health centres. Your input makes a difference.