Under Section 372 of the Criminal Code of Canada, making repeated, unwanted, or harassing phone calls and text messages is a serious crime. As of May 2026, these are hybrid offences that, when prosecuted as a summary conviction, can lead to a permanent criminal record and up to two years less a day in a provincial jail.
Smartphones have made staying connected easier than ever, but they have also made it dangerously simple to cross the line into criminal harassment. After a toxic breakup, a heated business dispute, or a neighbourhood feud, emotions can easily spiral out of control. Sending non-stop texts, leaving angry voicemails, or calling someone incessantly in the middle of the night might feel like venting, but the Canadian legal system views this as a direct violation of federal law.
Whether you are sending messages from Winnipeg, Edmonton, or Victoria, telecommunications are strictly regulated across Canada. 📍 The Criminal Code contains specific provisions designed to protect individuals from psychological distress caused by their devices. If the police receive a complaint about your messaging habits, they will not view it as a simple disagreement; they will treat it as criminal harassment, leading to immediate arrests, strict bail conditions, and stressful court appearances.
Understanding Section 372 Harassment in Canada
Section 372 of the Criminal Code of Canada outlines three specific offences related to the misuse of telecommunication facilities. It is important to note that the content of the message does not necessarily have to include a death threat to be illegal. The sheer volume and unwanted nature of the communication are often enough to trigger a criminal charge.
Generally, these are hybrid offences, meaning the Crown can choose to prosecute them either by summary conviction or by indictment. 💼 While they are often prosecuted as summary conviction offences, a conviction still results in a permanent criminal record that will show up on background checks, restrict your ability to travel to the United States, and potentially impact your future employment prospects.
| Section 372 Offence | What it Means | Maximum Penalty in Canada |
|---|---|---|
| False Information (s. 372(1)) | Sending messages you know are false to cause panic or anxiety. | Hybrid: 2 years (indictable) or 2 years less a day (summary). |
| Indecent Communications (s. 372(2)) | Making calls or sending messages of a highly offensive, sexual nature. | Hybrid: 2 years (indictable) or 2 years less a day (summary). |
| Harassing Communications (s. 372(3)) | Repeated, unwanted calls or texts designed to harass the victim. | Hybrid: 2 years (indictable) or 2 years less a day (summary). |
Step-by-Step Process: How Harassing Communications are Prosecuted
When the police become involved in a harassment case, they follow a standard procedure designed to immediately protect the victim and preserve digital evidence.
Step 1: The Victim Documents the Evidence
The victim will usually stop responding and begin taking screenshots of every text message, call log, and voicemail. 📷 Because digital evidence is highly reliable, the police will use these screenshots to verify the frequency and tone of the messages. If you called them 40 times in one hour, the call logs alone provide all the evidence the Crown needs.
Step 2: Police Intervention and Arrest
Depending on the severity, the police might first call you to give a verbal warning to stop. However, if the messages are threatening or if you ignore the warning, they will issue a warrant or arrest you directly. You will be taken to the station, photographed, and fingerprinted, officially entering the Canadian justice system.
Step 3: Bail Conditions and Undertakings
You will likely be released on an Undertaking or bail. ✍ This release document will contain a strict “no-contact order.” This means it is a separate criminal offence (Breach of Bail) to call, text, email, or even send a social media friend request to the victim. If you breach this order, you will be re-arrested and likely held in jail until your trial.
Step 4: Defending the Case in Court
You must attend a provincial court (such as the Provincial Court of British Columbia or the Ontario Court of Justice) to answer to the charges. Your criminal defence lawyer will review the Crown’s disclosure and try to negotiate. If it is your first offence, your lawyer may convince the Crown prosecutor to drop the charges in exchange for signing a Peace Bond (Section 810), which requires you to keep the peace and stay away from the victim for a year.
How Much Does a Criminal Defence Cost in Canada?
Defending yourself against a Section 372 harassment charge requires a skilled lawyer who can negotiate effectively with the Crown.
- Criminal Lawyer Fees: Hiring a lawyer for a summary conviction case generally costs between $3,500 and $10,000 CAD, depending on whether it goes to a full trial or is resolved early.
- Peace Bond Negotiations: Resolving the matter early with a Peace Bond usually falls on the lower end of the fee scale, roughly $3,000 to $5,000 CAD.
- Fines: If you are convicted, the judge may order a victim surcharge and impose a monetary fine up to $5,000 CAD.
How Long Does the Process Take?
Summary conviction offences move slightly faster than major crimes, but the stress will still loom over you for many months. 🕐
- First Appearance: Usually occurs 3 to 6 weeks after your arrest.
- Disclosure Review: It takes the Crown about 2 to 3 months to provide your lawyer with all the downloaded text messages and police reports.
- Final Resolution: Most harassment cases are resolved via plea deals, Peace Bonds, or trials within 6 to 12 months.
Frequently Asked Questions (FAQ)
What if they replied to my text messages?
If the “victim” was actively engaging in a two-way argument, your lawyer can use this as a strong defence. Harassment usually implies one-sided, unwanted contact. If they were insulting you back, the Crown may have a hard time proving true harassment.
Can I text them from a fake number using an app?
No. Using a “burner app” or spoofing your number to bypass a block does not protect you. Canadian police can easily subpoena the telecommunications provider to trace the IP address back to your actual device, leading to heavier charges for deception.
What is a Peace Bond?
A Peace Bond (Section 810) is a court order requiring you to keep the peace and have no contact with the victim, usually for 12 months. If you agree to sign it, the Crown often withdraws the criminal charges, meaning you avoid a criminal record.
Can I be charged for harassing a business?
Yes. If you are angry at a company and call their customer service line 100 times a day to yell at employees, the business can involve the police. Section 372 applies to harassing anyone, including corporate employees.
Will this show up on a background check for a job?
If you are convicted or plead guilty to the summary offence, yes, it will appear on standard Canadian criminal record checks. If you resolve it with a Peace Bond, there is no conviction, but the record of the police contact may still show up on vulnerable sector checks.
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