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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What are the specific laws on stalking. is looking at

Customer Question

what are the specific laws on stalking. is looking at someones house in a car driving past
not stoping, considered stalking someone. how would that stand up in a case of law.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
If that is one isolated incident then it is not stalking. But if this is being done repeatedly then it can become stalking which is the criminal offence of harassment. Criminal harassment is prohibited by section 264 of the Criminal Code. For the offence to be committed the following has to apply: First, the person does one or more of the following actions: - repeatedly follow someone. - repeatedly communicate with someone, directly or indirectly. - repeatedly watch someone or lurk around their home, workplace, or any other place the person is in - act in a threatening way to the person or their family As well the offender has to know that their conduct is harassing the person or they are reckless about whether their conduct is harassing someone and that means they don't care if they are harassing the person or not. “Reckless” means they know their conduct may harass the person, but they don’t care. Finally, the person’s conduct becomes harassment if their actions cause reasonable fear for the person's safety or the safety of someone they know. This fear has to be reasonable but the offender doesn't have to recognize that their actions are scaring the person.

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