Published on July 02, 2026
Section 264 of the Criminal Code prohibits engaging in conduct that causes a person to feel harassed, either knowingly or recklessly, where such conduct causes them to reasonably fear for their safety or the safety of anyone known to them, given the overall context.
Subsection 264(2) details the prohibited acts, notably including "repeatedly communicating with, either directly or indirectly, the other person or anyone known to them," without specifying any numerical volume or limit.
Consequently, Canadian criminal law contains no numerical threshold regarding the number of daily text messages or calls required to constitute criminal harassment. Statutory texts refer strictly to communicating "repeatedly," without establishing a minimum or maximum volume.
In criminal harassment matters, sentencing case law recognizes factors such as the severity of the actions, their duration, and the persistence of the behavior despite clear warnings or requests to cease. The frequency of communication and the level of fear, anxiety, or distress caused to the victim are critical elements of evaluation. However, neither legal scholarship nor the statutory framework sets a definitive daily message count to establish the existence of criminal harassment.
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Legal Requirements and Evaluation of Repeated Communications
Section 264 of the Criminal Code prohibits engaging in conduct that causes a person to feel harassed, either knowingly or recklessly, where such conduct causes them to reasonably fear for their safety or the safety of anyone known to them, given the overall context. Subsection 264(2) details the prohibited acts, notably including "repeatedly communicating with, either directly or indirectly, the other person or anyone known to them," without specifying any numerical volume or limit. Consequently, Canadian criminal law contains no numerical threshold regarding the number of daily text messages or calls required to constitute criminal harassment. Statutory texts refer strictly to communicating "repeatedly," without establishing a minimum or maximum volume.
How Courts and Legal Doctrine Determine Sentencing and Harassment Severity
In criminal harassment matters, sentencing case law recognizes factors such as the severity of the actions, their duration, and the persistence of the behavior despite clear warnings or requests to cease. The frequency of communication and the level of fear, anxiety, or distress caused to the victim are critical elements of evaluation. However, neither legal scholarship nor the statutory framework sets a definitive daily message count to establish the existence of criminal harassment. If you are facing charges or need to evaluate the legality of a complex situation, it is highly recommended to speak to a lawyer to properly protect your rights.