Sturgeon Falls – News – On February 3, 2022, the Nipissing West Detachment of the Ontario Provincial Police (OPP) laid charges in relation to a threats investigation, which began on January 28, 2022, in a multifamily residence on Church Street, in West Nipissing (Sturgeon Falls).
One tenant had received repeated threats to be physically harm by another tenant.
As a result of the investigation, David McCOLMAN, 52-years-of-age, from West Nipissing, was arrested and charged with:
· Uttering Threats – Cause death or Bodily Harm, contrary to section 264.1(1)(a) of the Criminal Code (CC)
· Criminal Harassment – threatening conduct, contrary to section 264(2)(d) of the CC
The accused was released on an Appearance Notice and is scheduled to appear at the Ontario Court of Justice on March 3, 2022, in West Nipissing.
What is Criminal Harassment?
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264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
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Marginal note: Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of
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(a) repeatedly following from place to place the other person or anyone known to them;
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(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
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(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
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(d) engaging in threatening conduct directed at the other person or any member of their family.
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Marginal note: Punishment
(3) Every person who contravenes this section is guilty of
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(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
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(b) an offence punishable on summary conviction.
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Marginal note: Factors to be considered
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
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(a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or
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(b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
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Marginal note: Reasons
(5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.
- R.S., 1985, c. C-46, s. 264
- R.S., 1985, c. 27 (1st Supp.), s. 37
- 1993, c. 45, s. 2
- 1997, c. 16, s. 4, c. 17, s. 9
- 2002, c. 13, s. 10
- 2019, c. 25, s. 91