Script 206 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

The script explains what stalking is and how to stop it. Refer also to scripts:

• 217, called “Applying for a peace bond and filing assault charges”
• 215, called “Charging someone with a criminal offense”

What is stalking?
Stalking is criminal harassment, contrary to Section 264 of the Criminal Code of Canada. That section makes it illegal for a person to do any of the following things that cause you to reasonably fear for your safety or the safety of anyone you know:

• repeatedly follow you, or anyone you know, from place to place
• repeatedly communicate with you, or anyone you know, directly or indirectly
• repeatedly watch you, or anyone you know, or your home, workplace, or any other place you happen to be
• engage in any threatening conduct directed at you or a member of your family

A person can be stalking even if they don’t physically hurt anyone or damage any property. The law is designed to protect psychological, emotional, and physical safety.

Stalking may start with conduct that seems more annoying than dangerous. Often, the conduct is legal and even socially acceptable, if it’s just an isolated incident. But when it’s repeated, it may cause fear in the victim. Conduct such as following someone, or sending gifts or letters, may become intimidating if done continually and against someone’s wishes.

Once a person knows that their conduct is not welcome, if they continue, their conduct may be criminal harassment and may result in a criminal conviction.

What can you do if someone is stalking or harassing you?
If you are being harassed or stalked, call the police. Write down details of every incident, including time, date, place, who was involved, and what was said and done. Keep letters, notes, answering machine messages, and harassing emails. Give them to the police.

If you get a harassing phone call on a land line, dial *57 immediately when the call ends. The phone company’s computer will make a record of the phone number that the call came from, which the police will be able to get. If you receive harassing calls on your cell phone, ask your phone company for help keeping records of the calls.

Crown counsel (the prosecutor) makes the case against (or prosecutes) a person charged with criminal harassment. The prosecutor may proceed by indictment for serious cases, and then the maximum penalty is 10 years in jail. Or the prosecutor may proceed by summary conviction for less serious cases, and then the maximum penalty is either a fine or 6 months in jail, or both. If a court finds a person guilty, it will probably order other conditions too. For example, a court will normally order a person convicted of criminal harassment to have no contact with you directly or indirectly, to stay away from your home and workplace, and to not own or carry any weapons. A court may also order a convicted person to take counseling, if it might help.

Learn more about what you can do from:

• the Victim LinkLine at 1.800.563.0808, available 24 hours a day.
• the publication called “What to do if you are being stalked” on the website of the BC Ministry of Community Services at www.cserv.gov.bc.ca/women/stalking/index.htm.

Finally, you can also take action in civil court for a civil restraining order. To do this, you need legal advice.

[updated December 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.

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