05-27 Criminal Harassment

Question 1

What is the Rationale?

Answer 1

This Procedure was developed to provide a standardized approach to the investigation of criminal harassment cases. The investigative requirements of the offence, the needs of victims and the requirements of Adequate & Effective Policing (General) (O. Reg. 392/23) made pursuant to the Community Safety and Policing Act are all addressed.

Question 2

Procedure

Section 264 of the Criminal Code (CC) provides police officers with a criminal charge option when responding to calls for service regarding stalking, threatening and harassing behaviour. Section 264 of the CC sets out

Answer 2

the offence of criminal harassment and deals with the specific rules of law that must be met in order to constitute an offence.

Question 3

While not every incident constitutes an offence of criminal harassment, the following are some important factors to be considered in determining the motivation of the crime

Answer 3

• the relationship between the victim and the harasser
• the level of fear experienced by the victim
• the date and time of the occurrence corresponding to a date of significance to the victim and/or suspect
• a review of the circumstances surrounding the incident, including statements, comments or gestures made by the suspect, the manner and means of the act, and similar incidents reported by the victim
• escalation in the severity or frequency of incidents.

Question 4

Police Officer

1. When responding to a complaint of criminal harassment SHALL

Answer 4

• attend promptly
• provide assistance to the victim, and offer the assistance of Victim Services Toronto
• interview the victim and other witnesses to determine
  o the nature of the harassment
  o the reasons for the victim’s safety fears
  o as much detail as possible about the harasser
• address any immediate safety concerns including referral for assistance with an interim safety plan
• establish the relationship between the victim and the harasser, and if the harassment is intimate partner violence related, comply with Procedures
• Criminal harassment is often the continuation of the intimate partner violence cycle. It most commonly occurs when an intimate relationship ends. The victims of this type of harassment are at a high risk for violence, particularly in the period immediately following the break–up.
• conduct a Person Query, including a CPIC and Canadian Firearms Registry On-line (CFRO) check
• determine whether any involved individual owns, possesses or have access to weapons, firearms, ammunition, explosives and the related authorizations, licences, certificates or permits
• consider using the search and seizure provisions contained in s. 117 CC to minimize any subsequent risk
• obtain information to help determine whether REASONABLE GROUNDS exist to believe there is a threat to safety
• notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor
• where REASONABLE GROUNDS exist, arrest/lay charges in compliance with the applicable procedures
• comply with Procedures in cases involving letters, telephone calls and voice mail messages
• collect and preserve all evidence related to the harassing behaviour (including written notes, electronic mail, facsimile (FAX) messages, gifts, recordings, voice messages, etc.)
• have the scene photographed where graffiti or other evidence cannot be readily removed or retrieved
• advise the victim to maintain a record or log of all contact with the harasser, including notation of dates, times, location and nature of the contact
• advise the victim not to initiate any contact with the harasser

Question 5

Police Officer

2. Where an offence has been committed, and no person has been arrested/charged SHALL

Answer 5

• complete the applicable eReport, and
  o indicate the connection between a particular offence and a pattern of harassment [e.g. ‘Mischief over $5000.00’ (Criminal Harassment)]
  o include a chronological description of all relevant circumstances
• complete a DVRM / ODARA, if applicable

Question 6

Police Officer

3. When a suspect is arrested for criminal harassment SHALL

Answer 6

• comply with the applicable procedures
• consider consulting with Detective Operations – Sex Crimes – Behavioural Assessment Section (BAS) regarding Show Cause preparation or recommending release conditions
• clearly note all charges as related to the criminal harassment in the crown envelope

Question 7

Supervisory Officer

4. Upon being notified of a criminal harassment incident SHALL

Answer 7

• attend at the scene when the suspect is a stranger to the victim
• take charge of the scene
• ensure a thorough investigation is conducted
• notify the Officer in Charge

Question 8

Case Manager

5. Upon receipt of an eReport concerning criminal harassment SHALL

Answer 8

• review the occurrence and all victim and witness statements
• ensure compliance with item 1
• lay charges where REASONABLE GROUNDS exist
• where applicable, consider and exercise, where applicable, all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives and the related licences, certificates or permits
• contact the victim and
  o determine if there have been additional incidents since the initial report
  o discuss the appropriateness of a personal safety plan in regard to both its effectiveness and implementation
  o gather further information regarding background and behaviour of the offender, if known
• confer with the divisional detective sergeant concerning referral or an assessment of threat from the BAS in cases where there is a risk of violence toward the victim
• BAS is available to assist with safety planning for victims believed to be at high risk of violence.
• consider the use of the Special Address System

Question 9

Case Manager

6. Where further investigation is not warranted, or a charge is not supported SHALL

Answer 9

• add supplementary information to the original eReport, detailing the reasons for the decision
• provide the eReport number to the detective sergeant
• advise the victim of the decision and the supporting reasons

Question 10

Case Manager

7. Where further investigation is warranted SHALL

Answer 10

• complete the investigation in compliance with applicable procedures
• request the appropriate resources to assist in the investigation
• comply with Procedures where there is safety concerns related to firearms and other weapons
• keep the victim informed of developments in the investigation

Question 11

Case Manager

8. In all cases where a charge is supported SHALL

Answer 11

• consider contacting all persons known to police who may provide the accused access to firearms or related licences, certificates or permits
• consider applying for a prohibition order or seeking a revocation where REASONABLE GROUNDS exist to BELIEVE it is not desirable in the interests of safety for the offender to possess weapons
• ensure the victim is informed concerning court proceedings
• determine if there have been additional incidents since the initial report
• facilitate access to any appropriate court support programs

Question 12

Major Case Manager

9. When assigned to investigate a criminal harassment incident where the suspect is a stranger to the victim SHALL

Answer 12

• conduct the investigation in compliance with the Ontario Major Case Management Manual (OMCMM)
• ensure that the Serial Predator Crime Investigations Coordinator – Ontario Major Case Management Unit of the Solicitor General spcic@ontario.ca is notified if there is a reasonable likelihood that the same person(s) has committed the crime(s) within a single or multi-jurisdiction within seven (7) days as per the OMCMM (O. Reg. 394/23)

Question 13

Officer in Charge

10. At the time of booking a prisoner, and before considering release, SHALL ensure

Answer 13

• all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, Firearms Acquisition Certificate, etc.
• such items are surrendered before release to enhance the safety of the victim

Question 14

Detective Sergeant

11. When informed of a case involving stalking, threatening or harassing behaviour and where there is a serious potential for violence, SHALL

Answer 14

contact the BAS for advice, referral or an assessment of risk, as appropriate.

Question 15

Detective Sergeant

12. Upon receipt of an eReport concerning criminal harassment SHALL

Answer 15

• where no further action is to be taken, ensure supplementary information is added to the original eReport detailing the reasons
• where further action is required, assign a case manager
• ensure appropriate resources are made available
• where the suspect is a stranger to the victim, ensure an accredited major case manager is assigned to the investigation
• Where no accredited major case manager is available in a division, the detective sergeant should consult with the Unit Commander and have an accredited major case manager from the respective Field command assigned to the investigation. Where no accredited major case manager from the Field command is available, the detective sergeant should consult with the Unit Commander – Sex Crimes for assistance.
• ensure that the Serial Predator Crime Investigations Coordinator – Ontario Major Case Management Unit of the Solicitor General spcic@ontario.ca is notified if there is a reasonable likelihood that the same person(s) has committed the crime(s) within a single or multi-jurisdiction within 7 days as per the OMCMM (O. Reg. 394/23)
• ensure the victim is regularly informed of developments in the investigation
• ensure evidence is submitted for expert examination, as required
• ensure applicable eReport numbers relating to criminal harassment are provided to BAS
• ensure supplementary information is added to the original eReport indicating the disposition of the case is submitted to BAS at the conclusion of any court proceeding or investigation

Question 16

Unit Commander

13. When dealing with an incident of criminal harassment involving a police officer SHALL

Answer 16

ensure the Unit Commander – Professional Standards (PRS) is notified prior to returning an officer’s firearm.

Question 17

Unit Commander – Professional Standards

14. Upon receipt of a request to return an officer’s firearm, who was involved in an incident of criminal harassment, SHALL

Answer 17

consult with BAS before making a decision.

Question 18

Definitions 05-27

Criminal Harassment means

Answer 18

when a person, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in ss. 264(2) of the Criminal Code that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.