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Prank calling is defined as a mischievous phone call made to trick someone. Although it may seem like innocent childhood fun, it is possible to be charged with a criminal offence for prank-calling, depending on the extent of your actions. If one were to be charged with a criminal offence for prank calling, it is likely to be the offence of criminal harassment.
Section 264 of the Criminal Code pertains to this criminal offence of criminal harassment. This section describes behaviour that can constitute criminal harassment. Actions that could potentially be committed while prank-calling someone are included in the criminal code definition of criminal harassment.
The actions that could turn prank calling into a criminal offence include recurrent communication with, either directly or indirectly, another person or anyone known to them, and threatening conduct targeted at another person or a family member. If during a prank call, someone was to engage in either of those actions, they could potentially face charges of criminal harassment.
To charge someone with criminal harassment, it's imperative that the behaviour mentioned previously also includes the following factors: The targeted individual, or complainant, felt harassed by the conduct; you were aware or recklessly or willfully oblivious to the fact that your conduct was harassing the complainant; your conduct induced fear in the complainant for their safety or the safety of anyone known to them; and the complainant's fear was reasonable.
For a person accused to be rightfully convicted of criminal harassment, the Crown Attorney must provide enough evidence to prove all these elements beyond a reasonable doubt.
In the section on criminal harassment, it is stated that per section 264 (1) of the criminal code, no person should, without lawful authority, knowing or recklessly as to whether the other person is harassed, engage in conduct that causes the other person, reasonably or in all circumstances, to fear for their safety or the safety of anyone known to them.
The prohibited conduct includes repeatedly following the other person or anyone known to them from place to place, repeatedly communicating with them either directly or indirectly, besetting or watching the dwelling-house or any place where the other person resides, works, carries on business or happens to be or engaging in threatening conduct directed at the other person or any member of their family.
Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten years; or an offence punishable on summary conviction.
When a person is convicted of an offence under this section, the court imposing the sentence shall consider it as an aggravating factor if, at the time the offence was committed, the person had violated the terms or conditions of an order or recognizance.
In case the court is satisfied with the existence of an aggravating factor but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
If you have been charged with criminal harassment or any other criminal offence, contact Kostman and Pyzer, Barristers, to learn about potential defences available to you.
