Threat and harassment cases are fact-sensitive and increasingly involve digital communications. The Criminal Code's criminal-harassment provision was amended in 2026 and now expressly addresses forms of monitoring and telecommunication alongside other prohibited conduct.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
Criminal harassment
Section 264 addresses specified conduct carried out with the required mental element where, in all the circumstances, it could reasonably be expected to cause the protected safety concern.
- repeated following
- monitoring location or activity
- repeated communication
Threatening conduct
Threatening conduct can form part of a harassment allegation, while uttering threats is a separate Criminal Code offence with its own elements.
- words and context
- gestures or conduct
- separate offence
Digital evidence
Texts, call logs, app messages, location data, account records and screenshots can become central evidence.
- metadata
- message context
- authentication
Bail and no-contact orders
Safety concerns can lead to no-contact, geographic or communication conditions before trial.
- direct contact
- indirect contact
- geographic restrictions
Peace bonds
Preventive recognizance proceedings can sometimes arise even without a criminal conviction and are legally distinct from prosecution of an offence.
- section 810
- conditions
- breach
Official and authoritative sources
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources
- Justice Canada — Canadian Charter of Rights and Freedoms