Harassment is a serious issue that can have detrimental effects on an individual’s mental and emotional well-being. In Canada, laws are in place to protect individuals from harassment in various forms. The harassment can occur in the workplace, public spaces, or online.
But can you sue for harassment in Canada? Victims of harassment can sue their perpetrators for damages and seek compensation for pain and suffering, loss of income, medical expenses, and punitive damages. In this article, we have discussed the harassment cases, the tenement of the harassment, the amount you can sue for harassment, etc.
What is Harassment?
In Canada, harassment is considered misconduct or rises to a criminal offence, depending on how serious and harmful the behaviour is. Non-criminal harassment usually involves unwanted contact or actions that cause stress but may not meet the threshold for a criminal offence. However, under Section 264 of the Criminal Code, harassment becomes criminal if someone repeatedly follows, contacts, watches, or threatens another person (or their close contacts) in a way that causes them to fear for their safety. To qualify as criminal harassment, the behaviour must be intentional, cause genuine distress, and the fear must be considered reasonable.
Not all harassment cases end up in criminal court. If the actions don’t create a reasonable fear of harm, individuals can still take civil steps, such as seeking a restraining order, peace bond, or damages through civil court. The difference between non-criminal and criminal harassment lies in the impact on the victim — when harassment escalates to create a fear for personal safety, it can result in serious legal consequences, including criminal charges and penalties.
Can You Sue for Harassment in Canada?
You can sue someone for harassment in Canada. Harassment laws in Canada are designed to protect individuals from unwanted behaviour that causes them distress, fear, or humiliation. Harassment can take different forms. It may include verbal, physical, cyber, sexual, or psychological harassment.
According to Canadian law, harassment victims can take legal action against the criminal through civil lawsuits. In these situations, the victim can sue the perpetrator for damages. It may include compensation for pain and suffering, loss of income, medical expenses, and punitive damages.
What Qualifies as Harassment in Canada?
Harassment is broadly defined as any unwanted behaviour. It offends, humiliates, or intimidates an individual. It creates a hostile or uncomfortable environment. Here are the things that are qualified as harassment:
- Verbal Harassment: Verbal harassment includes insults, derogatory remarks, threats, or verbal abuse.
- Physical Harassment: Physical harassment involves any unwanted physical contact. It may include touching, hitting, or unwanted sexual advances.
- Cyber Harassment: Cyber harassment is also qualified as harassment in Canada. This may include online bullying, stalking, or spreading malicious rumours or false information about someone online.
- Sexual Harassment: Sexual harassment refers to any unwanted sexual advances, comments, or behaviour. It creates a hostile environment for the victim.
- Psychological Harassment: Psychological harassment refers to intimidation, threats, or manipulation. It is aimed at undermining an individual’s self-esteem or psychological well-being.
Workplace and Sexual Harassment in Ontario – What You Should Know?
In Ontario, workplace harassment means any kind of unwanted behavior that makes someone feel uncomfortable, unsafe, or disrespected. This can happen because of someone’s race, gender, or other personal traits. It can come from coworkers, managers, or even customers.
Harassment can include:
- Rude or hurtful comments
- Bullying or intimidation
- Unwanted sexual attention or remarks
The law in Ontario (called the Occupational Health and Safety Act, or OHSA) says that workplace harassment is:
- Any unwanted words or actions that cause stress or discomfort
- Any sexual behavior or comments that are not welcome
Ontario updated its laws in 2018 and 2020 to make things stricter. Now, every employer must:
- Have clear harassment policies
- Take complaints seriously and act quickly
- Support the person who made the complaint throughout the process
Remember, harassment doesn’t just happen in the office. It can also happen through emails, messages, video calls, or even outside of regular work hours—especially with more people working from home or in hybrid roles.
How to Charge Someone with Harassment in Canada?
If you’re dealing with harassment in Canada, it can feel stressful and overwhelming. The good news is that there are clear steps you can take to protect yourself and, if needed, press charges. Here’s how the process usually works:
1. Know the Harassment
Harassment becomes a crime when someone’s behaviour makes you fear for your safety or the safety of people close to you. This could be repeated unwanted calls or messages, stalking, following you around, threats, or showing up where you live, work, or spend time.
2. Collect the Records
Write down what’s happening and save anything that shows the behaviour. This includes texts, emails, voicemails, screenshots of messages, and notes about dates, times, and places. If anyone else saw what happened, ask them to be a witness. Having a clear record helps the police take your case seriously.
3. Report to the Police
Take your notes and evidence to your local police station or call their non-emergency line (dial 911 if you feel unsafe right away). Tell them you want to make a criminal harassment complaint under Canadian law. The police will look into it, and if there’s enough proof, they can charge the person.
4. Ask for a Peace Bond or a Restraining Order
If charges aren’t laid right away, or you still feel unsafe, you can apply for a peace bond or restraining order through the court. These orders stop the person from contacting you or coming near you. If they break the order, that’s another offence.
5. Reach Out for Help
Dealing with harassment can be draining. You don’t have to go through it alone — an experienced criminal lawyer, legal aid, or victim support services in your area can guide you. If this is happening at work, report it to your employer or your province’s labour board.
How Much Money Can I Win from a Harassment Lawsuit?
If you’re considering suing for harassment in Canada, you may wonder about the potential financial outcomes of such a lawsuit. The amount of money you can win from a harassment lawsuit will depend on various factors. For example- it may depend on the severity of the harassment, the damages incurred, the legal proceedings, etc. The compensation may cover the damages, such as:
- Pain and Suffering: This includes compensation for the emotional distress, anxiety, and trauma caused by the harassment.
- Loss of Income: If people lose their job or income because of harassment, they may compensate for lost wages or future earning capacity.
- Medical Expenses: If victims need medical treatment or therapy due to the harassment, they may be entitled to compensation for medical expenses.
- Punitive Damages: The court may award punitive damages to punish the perpetrator and deter similar behaviour.
Criminal Harassment Sentencing Canada
Criminal harassment is a serious offence under the Criminal Code of Canada. According to Section 264, Criminal harassment refers to acts that cause fear in other individuals for their safety. The sentence aims to hold perpetrators accountable for their actions and deter future instances of harassment.
The sentencing for harassment charges can vary depending on various factors. It may include the severity of the harassment, the impact on the victim or the circumstances. Here are the common factors that determine the criminal harassment sentence:
Severity of the Harassment
The severity of the harassment is an important factor in determining the sentence. This may vary depending on the frequency and duration of the harassment, the nature of the behaviour, and the impact. The more severe form of harassment may result in harsh sentences.
Impact on the Victim
They will also consider the impact of the harassment on the victim’s mental and emotional well-being. If the harassment has caused significant distress, fear, or psychological trauma to the victim, it may be considered during sentencing.
Aggravating Factors
The aggravating factors may include the use of weapons or violence. It can increase the severity of the sentence imposed by the court.
Mitigating Factors
The mitigating factors may include remorse, cooperation with authorities, or a lack of prior criminal history. It may result in a more severe sentence for the perpetrator.
Criminal Harassment Warning
Harassment can have serious consequences for victims. It may include psychological trauma, loss of self-esteem, and even physical harm. Laws and resources are available to protect individuals from this behaviour.
Suppose you or someone you know is experiencing harassment. In that case, it’s necessary to document the incidents, seek support from friends, family, or a counsellor, and consider reporting the behaviour to the appropriate authorities. Whether through civil lawsuits or criminal proceedings, you can seek justice and hold perpetrators accountable for their actions.
Final Thoughts
Harassment laws exist to protect individuals from unwanted behaviour. The severity of the harassment and its impact on the victim determine the punishment.
If you experience any relevant activities around you, you can take steps to protect yourself and others from the harmful effects of harassment.
FAQs
What constitutes harassment in Canada?
Harassment in Canada is defined as unwanted conduct that causes a person to feel demeaned, belittled, intimidated, or threatened. It includes repeated actions, comments, or gestures that invade a person’s privacy.
What damages can I claim in a harassment lawsuit?
In a harassment lawsuit in Canada, you can claim damages for various losses and harms you’ve suffered. These damages may include compensation for emotional distress, lost wages, medical expenses, and punitive damages.
Do I need evidence to sue for harassment?
It is not always necessary to have direct evidence to sue for harassment in Canada. However, circumstantial evidence, witness testimony, documentation of incidents, and other forms of evidence can also be used to support your claim.
Is there a time limit for filing a harassment lawsuit?
Yes, there are typically time limits for filing a harassment lawsuit in Canada. These limits vary depending on the jurisdiction and the case’s specific circumstances.
How can a lawyer help me with a harassment lawsuit?
A lawyer experienced in harassment cases can provide invaluable assistance at every stage of the legal process. They can help you understand your rights, assess the strength of your case, gather evidence, negotiate with opposing parties, and advocate on your behalf in court.
What are the potential outcomes of suing for harassment in Canada?
The potential outcomes of suing for harassment in Canada can vary depending on the case’s circumstances. The victims may receive financial compensation for damages such as pain and suffering, loss of income, and medical expenses.
What kind of evidence is required to prove harassment in Court?
The evidence required to prove harassment in court may include documentation. You can show emails, messages, recordings, witness statements, or other relevant documentation supporting the victim’s case.