Defence Representation: Criminal Harassment s. 264

Does Bill C-48 apply to bail for harassment?: Yes. Under s. 515(6)(b.1), the onus is on the accused where the charge alleges violence used, threatened or attempted against an intimate partner and the accused either has a previous conviction or s. 730 discharge for such an offence or, since July 17, 2026, was subject to a recognizance under s. 810, 810.02, 810.03, 810.1 or 810.2 laid on behalf of an intimate partner when the offence is alleged to have been committed. Since July 15, 2026 the accused must show cause by clearly demonstrating that the proposed release plan addresses the risks relating to the s. 515(10) grounds.

What are the immigration risks under s. 36 of IRPA?: Criminal harassment is a hybrid offence punishable by up to 10 years on indictment. Under s. 36(3)(a) of the Immigration and Refugee Protection Act, any hybrid offence is deemed indictable, meaning a conviction triggers automatic deportation for permanent residents with no right of appeal.

Can a harassment charge be resolved without a conviction?: Counsel can negotiate a non-criminal resolution via a Section 810.03 Intimate Partner Violence Peace Bond. If the Crown consents and withdraws the charge, the client enters into the recognizance on the basis that the complainant had reasonable grounds for fear. A peace bond is not a conviction and involves no finding of guilt, but it is recorded: the Department of Justice says a record of the peace bond is added to the national police database (CPIC), which police anywhere in Canada can use in later investigations.

Jurisdiction: Canadian criminal jurisdiction is established geographically based on where the alleged offence occurred, with out-of-custody case management primarily routed through the provincial court. Integrated Domestic Violence Courts (IDVC) may jointly schedule concurrent family law proceedings.

The Process at a Glance: The defence lifecycle begins with immediate custody and immigration risk assessment, followed by strict Jordan clock monitoring. Counsel must audit the Stinchcombe disclosure, paying specific attention to digital telecommunications data. Where the proceedings also include a sexual offence listed in s. 278.29(1) of the Criminal Code (or any other offence that is of a sexual nature or committed for a sexual purpose), an application under s. 278.3 is required before the defence can adduce records relating to the complainant that are in the accused's possession. Counsel then engages in pre-trial negotiations targeting peace bond resolutions (s. 810.03) or proceeds to trial contesting the prohibited conduct, the intent or knowledge element, and whether the conduct could reasonably be expected to cause the complainant to believe their safety was threatened.

Key Legislation and Case Law: Governed by Section 264 of the Criminal Code. In proceedings that include a listed sexual offence, admissibility of records in the accused's possession is governed by ss. 278.29 to 278.34 of the Criminal Code, which replaced the former ss. 278.92 to 278.94 upheld in R. v. J.J., 2022 SCC 28. Presumptive delay ceilings under Section 11(b) of the Charter are set by R. v. Jordan, 2016 SCC 27. Immigration risks are dictated by s. 36 of the Immigration and Refugee Protection Act (IRPA).

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