Charged With Criminal Harassment in Quebec? What Happens Next

What a criminal harassment charge means

Criminal harassment, often called stalking, is an offence under section 264 of the Criminal Code. It covers repeated or threatening conduct that makes another person reasonably afraid for their safety. The Criminal Code is federal, so the offence is the same across Canada, but the way your case moves through the system depends on Quebec's prosecutors and courts.

Being charged is not a finding that you did anything wrong. You are presumed innocent, and the prosecution must prove every part of the offence beyond a reasonable doubt. For a broader overview, see our national guide to criminal harassment.

What the Crown must prove

The Crown is the prosecutor who brings the case on behalf of the public. In Quebec, that is a prosecutor with the Directeur des poursuites criminelles et pénales (DPCP). The Crown generally has to prove that:

1. You engaged in one of four kinds of conduct: repeatedly following the person (or someone they know) from place to place; repeatedly communicating with them, directly or indirectly, which can include calls, texts, emails, social media and messages passed through friends; besetting or watching their home, workplace or a place where they happen to be; or engaging in threatening conduct directed at them or a member of their family.
2. The person was actually harassed. Courts look for being tormented, troubled or badgered, not simply annoyed.
3. You knew they were harassed, or were reckless or wilfully blind about it.
4. Your conduct caused them to fear for their safety or the safety of someone they know.
5. That fear was reasonable in all the circumstances.

"Repeatedly" generally means more than once, while a single incident of threatening conduct can be enough. Courts have recognized that "safety" can include psychological and emotional safety, not only physical safety. The conduct must also be done without lawful authority.

Offence type

Criminal harassment is a hybrid offence. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). That choice affects the maximum penalty, the court and some later consequences.

What happens after a criminal harassment charge in Quebec

Arrest and release

After an arrest, police may release you with a summons or appearance notice, or on an undertaking, which is a written promise to attend court and follow conditions. If police do not release you, you must be brought before a justice for a bail hearing, where you may be released on a release order or, less often, detained. In cases involving a current or former intimate partner, bail rules can be stricter, especially if there is a previous conviction for intimate partner violence.

In harassment cases, conditions very often include:

• no contact or communication with the complainant, directly or indirectly, including online;
• staying away from their home, workplace or school, sometimes within a set distance;
• not posting about them on social media;
• not possessing weapons or firearms.

Take these conditions seriously. Breaching them is a separate criminal offence, even if the complainant contacts you first or says they do not mind. If a condition prevents you from going home or seeing your children, a lawyer can ask the court to vary it.

Who decides on charges in Quebec

In Quebec, police investigate and send their file to a DPCP prosecutor, who reviews the evidence and decides whether to authorize a charge. This is different from some provinces, where police lay charges themselves. Because of this screening step, there can be a gap between the arrest and the formal charge.

First appearance

Most criminal harassment cases start in the Court of Québec, criminal and penal division, whether you live in Montreal, Quebec City, Laval or elsewhere in the province. The first appearance is usually short. Your lawyer can often appear for you, and the case is typically adjourned so the defence can receive evidence. You have the right to a trial in French or English.

Disclosure

Disclosure is the Crown's obligation to give you the evidence it has, such as police reports, witness statements, screenshots, call logs and video. Your lawyer needs this to assess the case before any decision is made.

The Crown's election and yours

The Crown elects summary or indictable. If it proceeds summarily, the case stays in the Court of Québec with a judge alone. If it proceeds by indictment, you can usually choose a Court of Québec judge, a Superior Court judge alone, or a Superior Court judge and jury. Since the 2019 reforms, preliminary inquiries are only available for offences with a maximum of 14 years or more, so they are generally not available for criminal harassment.

Resolution or trial

A case may end in several ways: the charge may be withdrawn, the Crown may agree to a peace bond instead of continuing, the parties may reach a negotiated resolution, or the case may go to trial. What is right for you depends on the evidence and your circumstances, which is why legal advice matters.

How long it can take

Under the Supreme Court's Jordan decision, a case is presumed unreasonably delayed if it takes more than 18 months to complete in provincial court or 30 months in superior court, with some exceptions. Many cases finish well before these limits, but several months to over a year is common.

Possible penalties for criminal harassment

What sentences can look like in practice

Maximums are reserved for the most serious cases. Depending on the facts, a sentence may include:

• Absolute discharge: a finding of guilt with no conviction and no conditions.
• Conditional discharge: no conviction is registered if you complete probation conditions, such as no contact or counselling.
• Suspended sentence and probation: a conviction, with conditions supervised in the community for up to three years.
• Fine, alone or with probation.
• Conditional sentence: a jail term of less than two years served in the community under strict conditions, sometimes including house arrest. Bill C-5 (2022) removed a former bar, so this can now be considered for criminal harassment where the legal requirements are met.
• Jail, more likely where there were threats, a long campaign, breaches of court orders or a prior record.

Courts often add a no-contact order and a firearms and weapons prohibition, which is generally mandatory under s. 109 for this offence.

Factors that matter

Section 264 says that committing the offence while breaching a court order or peace bond is an aggravating factor. Abuse of a current or former intimate partner or family member is also aggravating. Other factors include how long the conduct lasted, whether there were threats, the impact on the complainant and any criminal record. Factors that may help include no prior record, steps taken such as counselling, and personal circumstances.

Other consequences in Quebec

Criminal record and record suspension

A conviction creates a criminal record. Discharges are not convictions, but they remain on police records for a period (one year for an absolute discharge, three years for a conditional discharge, after which they should be removed from the national record system). After a conviction, you may apply to the Parole Board of Canada for a record suspension once your full sentence is complete and a waiting period has passed: 5 years for a summary conviction and 10 years for an indictable conviction.

Travel to the United States

US border officers decide admissibility under US law. Depending on the facts, a harassment conviction may cause problems entering the US, and even a pending charge can lead to questions at the border.

Immigration

If you are not a Canadian citizen, this charge needs urgent attention. Because the maximum penalty is 10 years, a conviction can make a permanent resident or foreign national inadmissible for serious criminality, even if the Crown proceeds summarily. Speak with a criminal lawyer who works with an immigration lawyer before resolving the case.

Employment and family matters

A record can affect jobs involving vulnerable people, security clearances or professional licences. Bail and probation conditions can also affect where you live and contact with your children, so coordinate with any family law lawyer.

Common defences and issues a lawyer will look at

Every case is different, but a lawyer will often examine:

• Whether the conduct fits s. 264: was the communication or following truly repeated, or was there threatening conduct?
• Whether the person was harassed and their fear was reasonable, based on the full context, including the relationship and any mutual communication.
• Your state of mind: did you know, or were you reckless, that they felt harassed? Whether you were told to stop can be important.
• Legitimate purpose: communication about shared children, property or legal matters may be viewed differently from unwanted contact.
• Identity: who actually sent messages from an account or number?
• Digital evidence: incomplete screenshots, missing context, or authenticity problems.
• Credibility of witnesses and consistency of their statements.

Charter issues may also arise. Under s. 8, police generally need lawful authority, often a warrant, to search your phone, computer or online accounts. Under s. 9, you are protected from arbitrary detention. Under s. 10(b), you must be told of your right to a lawyer and given a chance to speak with one. Unreasonable delay can raise an issue under s. 11(b). If rights were breached, evidence may sometimes be excluded.

Do not contact the complainant to explain yourself or "clear things up." That may breach your conditions and create new evidence.

How common is criminal harassment in Quebec?

According to Statistics Canada police-reported data (table 35-10-0177), Quebec recorded 11,414 criminal harassment incidents in 2025, a rate of 126.01 per 100,000 people, and 6,854 persons were charged. The Canadian rate that year was 85.51 per 100,000, so Quebec's rate was well above the national figure.

The trend is clearly upward. Quebec's rate has roughly doubled since 2016, with small dips in 2018 and 2022, and the number of persons charged has tripled. Police-reported figures reflect reporting and enforcement practices as well as behaviour. Explore more on our Quebec crime statistics page and follow cases on our Quebec crime news page.

If you are the victim or complainant

If you are being followed, watched, repeatedly contacted or threatened, you can report it to police. If you are in immediate danger, call emergency services. Keep records: dates, times, screenshots, call logs and names of witnesses.

Police investigate and send the file to a DPCP prosecutor, who decides whether to authorize a charge. The prosecutor represents the public, not you personally, but you have the right to information about the case and to present a victim impact statement if there is a conviction.

In Quebec, CAVAC centres (Centres d'aide aux victimes d'actes criminels) offer free support, information about the court process and help preparing for court. You may also be able to apply for compensation through IVAC, Quebec's crime victim compensation program.

If charges are laid, the accused will usually have no-contact conditions. Report any breach to police. Where there is no charge, or as an alternative, a court can impose a peace bond under s. 810 of the Criminal Code: a court order requiring a person to keep the peace and follow conditions, such as no contact, usually for up to 12 months, where there are reasonable grounds to fear harm. You can also get your own independent legal advice.

When to speak with a criminal harassment lawyer in Quebec

The best time is as early as possible: before you speak to police, before your first appearance, and before you agree to any conditions or resolution. You have the right to remain silent, and anything you say or post can be used as evidence. A lawyer can explain your conditions, request disclosure, look for Charter issues and protect your immigration or employment situation.

If cost is a concern, you may qualify for legal aid through the Commission des services juridiques (aide juridique), depending on your income and the case.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer at our consultation page, and victims can do so at our victim consultation page.

This guide is general information, not legal advice. Laws and procedures change, and every case depends on its own facts. Speak with a lawyer about your situation.

Frequently asked questions

What is the sentence for criminal harassment in Quebec?

Criminal harassment under s. 264 is a hybrid offence with no mandatory minimum. If the Crown proceeds summarily, the maximum is two years less a day and/or a $5,000 fine. By indictment, the maximum is 10 years. In practice, sentences range from discharges and probation to conditional sentences or jail, depending on threats, duration, breaches of court orders, an intimate partner context and any prior record.

Can texting or social media messages be criminal harassment?

Yes, they can. Repeated communication, directly or indirectly, is one of the forms of conduct covered by s. 264, and that includes texts, calls, emails and social media. But messages alone are not enough: the Crown must also prove the person was harassed, you knew or were reckless about that, and they reasonably feared for their safety. Context, such as mutual communication, matters.

Who decides whether I am charged in Quebec?

In Quebec, police investigate and send their file to a prosecutor with the Directeur des poursuites criminelles et pénales (DPCP), who reviews the evidence and decides whether to authorize a charge. This means there can be a delay between an arrest and the formal charge. Even after a charge is authorized, you are presumed innocent until proven guilty beyond a reasonable doubt.

Can a criminal harassment charge be withdrawn or resolved with a peace bond?

It can happen. Depending on the evidence and circumstances, the Crown may withdraw a charge or agree to a peace bond under s. 810, where you agree to keep the peace and follow conditions like no contact, usually for up to 12 months. A peace bond is not a criminal conviction. Whether this is possible depends on the facts, so discuss it with a lawyer.

What happens if I contact the complainant while on conditions?

Contacting the complainant when your undertaking or release order forbids it is a separate criminal offence, even if they contact you first or agree to talk. It can lead to a new charge, arrest and stricter conditions, and may count against you at sentencing. If a condition causes real problems, such as co-parenting, ask your lawyer to apply to vary it instead.

Do I need a criminal harassment lawyer in Quebec?

It is strongly recommended. Criminal harassment carries up to 10 years in prison, a possible criminal record, firearms prohibitions and serious immigration risks for non-citizens. A lawyer can review disclosure, challenge digital evidence, raise Charter issues and advise on options before your first appearance. If cost is a concern, you may qualify for legal aid through the Commission des services juridiques (aide juridique).