In today’s digital age, communication happens primarily online. While this has made it easier to connect with others, it has also given rise to new legal issues, including cyberstalking.
Cyberstalking allegations are taken seriously under Canadian law, and facing such charges can be overwhelming and damaging to your reputation. In Alberta, cyberstalking charges fall under the broader umbrella of criminal harassment under the Criminal Code of Canada.
If you are accused of cyberstalking, understanding the law, potential consequences, and possible defences is critical. This blog explores how cyberstalking charges are handled under Canadian law and how an experienced internet crime lawyer can help build a strong defence.
What Is Cyberstalking Under Canadian Law
Cyberstalking refers to the use of electronic communication, such as emails, social media messages, text messages, or phone calls, to harass or intimidate someone. While the term “cyberstalking” is not specifically mentioned in the Criminal Code of Canada, such behaviour is prosecuted under Section 264 of the Code, which defines criminal harassment.
What Constitutes Cyberstalking?
Under Section 264 of the Criminal Code of Canada, the following actions may qualify as criminal harassment when conducted electronically:
- Repeatedly communicating with someone directly or indirectly in a way that causes them to fear for their safety.
- Engaging in threatening conduct directed at an individual or their family.
- Following someone physically or virtually (e.g., monitoring someone’s social media activity).
- Unwanted surveillance or gathering of personal information about someone online.
For a cyberstalking charge to hold up in court, the prosecution must prove that the accused knowingly engaged in this conduct and that it caused the complainant to fear for their safety or the safety of someone close to them. Even a single threatening or intimidating message can be enough to constitute criminal harassment if it leads the recipient to fear for their safety.
Potential Penalties For Cyberstalking In Alberta
Being convicted of criminal harassment or cyberstalking in Alberta carries significant legal consequences. The severity of the penalty depends on whether the case is prosecuted as a summary conviction or an indictable offence:
| Type of Offence | Potential Penalty |
|---|---|
| Summary Conviction | Up to 18 months in prison + fines + criminal record |
| Indictable Offence | Up to 10 years in prison + criminal record + possible probation or restraining orders |
In addition to these direct penalties, a criminal harassment conviction can lead to:
- Loss of employment or professional licenses
- Restrictions on travel (especially to the U.S.)
- Damaged personal and professional reputation
Legal Defences Against Cyberstalking Charges
If you are accused of cyberstalking, it is crucial to consult with a skilled internet crime lawyer who can carefully evaluate the evidence and develop a defence strategy tailored to your case. Some of the most effective legal defences against cyberstalking charges include:
Challenging the Evidence
The burden of proof lies with the prosecution. They must prove beyond a reasonable doubt that you engaged in the alleged behaviour with the intent to harass or intimidate the complainant. A strong defence may focus on challenging:
- The authenticity of electronic communication records
- Hearsay evidence from third parties
- The credibility of the complainant
If the evidence was obtained unlawfully or improperly, it can be challenged and possibly excluded from the trial.
Lack of Intent
Intent is a key element in proving criminal harassment. The prosecution must show that you knew or should have known that your actions would cause fear or distress. If you can demonstrate that the communication was misinterpreted or that you had no intention of causing fear, it could weaken the prosecution’s case.
For example:
- Friendly or casual communication could be misinterpreted as harassment.
- A misunderstanding or emotional reaction from the complainant may not meet the legal standard for harassment.
Legitimate Purpose
If the communication served a legitimate purpose, such as debt collection, business dealings, or legal matters, this may be a valid defence. Under Canadian law, communications conducted in good faith and within legal boundaries are unlikely to meet the threshold for criminal harassment.
For example:
- A business owner is following up on a debt owed by a customer.
- A landlord contacting a tenant regarding unpaid rent.
No Reasonable Fear
The prosecution must prove that the complainant experienced reasonable fear as a result of the communication. If the complainant’s reaction was unreasonable or exaggerated, this can be challenged in court.
For example:
- Politely asking someone to return your belongings would not reasonably cause fear.
- A single message requesting clarification on an issue is unlikely to meet the legal definition of harassment.
False Allegations
False accusations of cyberstalking are not uncommon, especially in cases involving relationship breakdowns or disputes. If the complainant has a motive to fabricate or exaggerate the allegations, this can be exposed through cross-examination and presentation of contrary evidence.
Steps To Take If You Are Accused Of Cyberstalking
Facing a cyberstalking charge can be intimidating, but taking the right steps can improve your chances of a favourable outcome:
Contact an Internet Crime Lawyer Immediately
An experienced internet crime lawyer can help you understand your rights, review the evidence, and develop a defence strategy. Early legal intervention can make a significant difference in the outcome of your case.
Preserve All Communication Records
Save emails, text messages, social media posts, and any other communication that may be relevant to the case. These records can be used to refute allegations or provide context for the interaction.
Avoid Further Contact With The Complainant
Any further communication with the complainant can be used against you in court. Even an innocent attempt to explain the situation could be misinterpreted as harassment.
Why Hiring An Internet Crime Lawyer Matters
Cyberstalking cases can be complex, involving detailed technical evidence and legal nuances. An experienced internet crime lawyer can:
- Assess the strength of the prosecution’s case
- Identify procedural errors or weaknesses in the evidence
- Challenge improperly obtained or unreliable evidence
- Develop a defence strategy based on case law and the Criminal Code of Canada
A skilled defence lawyer will work to have charges reduced or dismissed whenever possible, negotiate plea agreements when appropriate, and advocate on your behalf in court.
About Us
At Daryl Royer Criminal Law, we specialize in defending individuals against complex criminal charges, including cyberstalking and internet-related offences. With years of experience in Alberta’s legal system, we provide tailored defence strategies to protect your rights and secure the best possible outcome. Contact us today to schedule a consultation and start building your defence.