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Family Violence Initiative
CRIMINAL HARASSMENT:
A HANDBOOK FOR POLICE AND CROWN PROSECUTORS
Guidelines for Police: Investigating Criminal Harassment
The investigation of criminal harassment cases involves basic case development as well as the use of crime detection strategies. The objective of a police investigation in these cases is two-fold: (1) to stop the harassment, as well as any other acts of violence, at an early stage; and (2) to collect evidence to present a compelling case for prosecution. Since criminal harassment is a crime that may include a pattern of behaviour carried out against the victim over an extended period of time, an investigation can be time consuming and may involve numerous police reports.
See Appendix A for examples of criminal harassment cases that police may encounter.
Police practices and policies may vary from one jurisdiction to another. These guidelines should be considered in conjunction with other applicable policies (including provincial policies relating to spousal assault), as well as other remedial legislation (such as provincial legislation for victims of family violence). Keeping the victim informed and involved in the investigation is important in any offence, in particularly in cases involving partner or spousal abuse.
The police guidelines in this handbook are based on strategies developed by the Vancouver Police Department’s Criminal Harassment Unit. This unit has found that police intervention is most effective once the nature of the stalking case has been identified and a strategy has been developed to manage and, ideally, resolve the problem.
- Interview the victim thoroughly. Advise the victim to be specific and accurate and to neither minimize nor exaggerate. Police also must not minimize the situation. The possibility of stalking and the future risk of physical violence should be considered whenever a harassing-type offence is reported (such as harassing or obscene phone calls, following, or unusual incidents involving mischief or vandalism).
- Be sensitive to the personal situation of the victim and their state of mind, including the psychological and emotional distress that they are likely experiencing. The victim may require the assistance of a support person and/or interpreter.
- Inform the victim that criminal harassment is a criminal offence. Emphasize the seriousness of the offence. Be clear with the victim regarding the potential threat.
- Obtain a detailed chronology of all relevant incidents, including words uttered or gestures made by the suspect, and conversations and other communications with the suspect. Complainants usually need sufficient time, a calendar, and access to their own papers and documents to produce a clear chronology. Determine whether and how the victim has directly or indirectly, through family or friends, indicated to the suspect that any contact is unwelcome. Ascertain where and when the conduct occurred, as these factors can affect the victim’s fear.
- Ascertain whether the incident(s) involved others or occurred in the presence of others (such as family, friends, co-workers and/or neighbours).
- Obtain background information on any previous relationship with the suspect (such as whether there have been any previous incidents of domestic violence; whether the victim has communicated to the suspect any interest in a reconciliation; or whether any friends or family have been pressuring the victim to reconcile with the accused or to not contact the police).
- Obtain information about the impact that the suspect’s conduct has had on the victim. For example, has the conduct caused the victim to fear for their safety or that of someone known to them and if so, how? Has the victim taken any security or preventative measures, such as getting an unlisted telephone number, or changing their residential or work address? Has the victim sought medical treatment or counselling? (See generally Part 2.12 – Report to Crown Counsel.)
- Where the victim and suspect had a prior intimate relationship involving children, ask the victim if they are currently involved in a custody/access legal action. Determine what, if any, custody or access terms and conditions apply.
- The interview with the victim is an important source of information that will help police complete a thorough background check on the suspect.14 Ask, the following questions, for example:
- Is the suspect subject to any peace bonds; civil restraining orders; recognizance, bail or probation conditions; or weapons or firearms prohibition orders? If so, can the victim provide a copy of the order(s) and/or the relevant details?
- Does the suspect have any guns, or any access to other firearms or other weapons? Does the suspect have a licence, registration certificate or authorization, or a document issued under the former Criminal Code provisions? Has the suspect ever had a licence, registration certificate or authorization for a firearm revoked?
- Remind the victim that the potential threat remains, even if they have reported the incident to police and/or have obtained a restraining order. Advise the victim that they have a primary role to play in ensuring their own safety. Recognize that although it is not fair, the victim may be required to alter their lifestyle and usual routines, schedules, transportation routes and places regularly frequented.
- Advise the victim not to initiate contact with the suspect, or agree to such contact.
- Advise the victim to maintain a log of all contact (date, time, nature and summary of contact) with the suspect, including drive-bys and all unusual events, no matter how trivial they seem or whether they can be definitively attributed to the suspect. Advise the victim to retain for police all notes, gifts, telephone answering machine tapes and messages, and electronic mail and postings, and any other evidence related to the investigation. Ask the victim not to handle or open any items received from the suspect, in order to prevent further distress to themselves and to ensure that they do not contaminate the evidence for purposes of forensic analysis.
- Advise the victim to use available telephone services that may help police trace telephone calls. Such pay-per-use services may include “last call return” (which enables the victim to find out who called last by entering the appropriate tracing code immediately after every call and before any other call is received) and “name that number” (which enables the victim to obtain the name and locality associated with a given telephone number). The victim should be advised to consider subscribing to other telephone services, including call screening and call display. Whether a victim should change their phone number or get an unlisted one can be controversial. For example, some victims would rather get the unwanted calls than change their number as they feel more secure being able to track and record phone calls, rather than just having the suspect show up unexpectedly on their door-step. Investigating officers should consult the telephone company for current services and tracing codes. The victim should also consider acquiring a telephone answering machine that uses cassette tapes so that the tapes can be saved as evidence.
- Suggest that the victim inform relatives, neighbours, friends, co-workers, employers, property managers and doormen of the on-going harassment and, if possible, provide them with a photograph of the suspect. These people should alert the victim and/or police about any contact. This will enhance the victim’s safety and provide a larger potential pool of witnesses.
- Help the victim contact victim services for support and assistance as soon as practicable after the complaint has been made. Early intervention by victim services enhances the victim’s safety and increases the likelihood of cooperation with the criminal justice system. Victim service workers play a significant role in helping victims to identify risks and to develop and implement a personal safety plan for themselves and their children. Referrals should be made as soon as possible to allow the victim to receive emotional support, appropriate referrals, information about the justice system and assistance in developing a safety plan.
- Provide the victim with an occurrence report or incident number, and advise the victim to quote that number when making future complaints or inquiries. Provide the name of one officer who will be responsible for coordinating the investigation, even if other officers become involved. Advise the victim of the decision to lay charges.
- Advise the victim to carry a copy of any criminal or civil protection/restraining order at all times.
- Take appropriate action to increase the victim’s security, such as the following:
- Inform the victim about the importance of security measures, such as making safety or contingency plans; carrying a cellular phone; installing better locks, improved lighting and a security system; getting a guard dog; and identifying safe places, including police stations, domestic violence shelters and busy public areas.
- Have a panic alarm installed, either privately or through local victim protection programs.
- Flag the victim’s address on police databases (such as premise history on CAD systems).
- Request special attention from area patrols, parade briefings, and notify the watch commander.
- If the suspect does not have any firearms, apply for a preventative prohibition order under section 111 of the Criminal Code. If the suspect does have firearms, seize the firearms pursuant to section 117.0415 of the Criminal Code.
- Relocate the victim when the threat level is high or, in extreme cases, suggest that the victim consider seeking a new identity.
- Address the special needs of victims who face particular barriers. Cultural, communication, mobility, age and other barriers can increase the victim’s risk.16
- Help the victim protect their children. Children’s safety and emotional health are affected, whether or not they witness the threats or violence.
Note that stalker violence is usually affective, as opposed to predatory, so victims and officers need to be aware of dramatic moments, such as the termination of a relationship; the arrest of the suspect; court dates, particularly those when court orders are made and sentences are rendered; custody proceedings; and release or escape from custody.17
Endnotes |
| 14 |
Note that this is merely in addition to a thorough police records check. Sometimes, the victim may be able to provide information that may not appear in a police records check, such as the existence of a civil protection order. |
| 15 |
In R. v. Hurrell (2002), 60 O.R. (3d) 161, the Ontario Court of Appeal found that s. 117.04 violates s. 8 of the Canadian Charter of Rights and Freedoms. The resulting declaration of invalidity was suspended for six months, and Moldaver J.A., writing for the Court, advised that any warrants issued within the six-month exemption period should require “that a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon,” or device “in a building, receptacle or place” and that such possession is “not desirable in the interests of the safety of the person, or of any other person.” The Supreme Court of Canada has granted leave to appeal this decision and has stayed the declaration of invalidity until the final termination of proceedings in that Court ([2002] S.C.C.A. No. 370 (Q.L.)). Bill C-32, An Act to amend the Criminal Code and other Acts, proposed a legislative response to this case. Bill C-32 died on the Order Paper on November 12, 2003, with the prorogation of Parliament. On February 12, 2004, Bill C-32 was re-introduced in the House of Commons, as Bill C-14, and was deemed read the third time and passed. |
| 16 |
BC Protective Measures for Women’s Safety: An Operational Framework for Justice System Intervenors, 2004 [unpublished]. |
| 17 |
It’s important to keep in mind that stalkers, especially obsessional ones, often do not have extensive criminal histories. As such, “light” criminal records do not necessarily indicate that the stalker is not dangerous. |
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