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Family Violence Initiative
CRIMINAL HARASSMENT:
A HANDBOOK FOR POLICE AND CROWN PROSECUTORS
- Ask the victim about, and query all relevant databases for, information on the suspect. Search under known aliases as well. Databases queried should include CPIC, CFRO,18 SIP, FIP, local and provincial information systems, and available probation information (for summary conviction offence details not captured by CNI/Level II). Where applicable, immigration and refugee authorities may have relevant information. These queries should include searches for criminal records, prior contact with police and contact with police in communities where the suspect may have previously lived. If the criminal record indicates similar charges determine the identity of the victim in those cases and the nature of their relationship with the accused.19 These queries should cover the following:
- the nature, frequency, and specific details of threats and actual violence against the victim or someone known to the victim (note whether they are increasing in frequency and intensity);
- any prior threats against the victim or someone known to the victim;any actual pursuit or following of the victim or someone known to the victim;
- any history of violence (including sexual assault) against the victim or someone known to the victim;
- any violations of civil restraining orders, peace bonds, recognizances, or bail or probation conditions;
- any information on the suspect’s tendency toward emotional outbursts or rage;
- other incidents involving threatening, violence or pursuit, including cruelty to animals;
- homicidal or suicidal behaviour or threats;
- major stress factors, such as loss of employment or termination of a relationship;
- vandalism to the victim’s property;
- intense jealousy, including sexual jealousy;
- a history of mental illness; and
- substance abuse problems.
- In the case of former intimates involving children, include any history of involvement with child protection authorities.
- Determine possession of or interest in weapons or access to weapons (search CPIC including CFRO and FIP, as outlined in Appendix B). Determine the following, for example:
- whether there are any weapons prohibition orders flowing from conviction or discharge, as a condition of bail or recognizance, or in preventative prohibition orders;
- the type of firearms documentation the person has (for example, does the suspect have restricted firearms, and how many firearms does the suspect have?); and
- whether authorities have ever refused or revoked of a licence, registration certificate or authorization (or Firearms Acquisition Certificate, permit or registration certificate under the former firearms provisions of the Criminal Code).
Any information discovered should be entered into the FIP database. This would include any conduct that gives rise to concerns about violence, including criminally harassing behaviour. If the information is not entered in FIP, then Chief Firearms Officers (CFOs) will not be advised. They will not know whether to consider revoking existing licences and will not have this information when considering new applications. This type of information is crucial when CFOs are deciding whether to issue or revoke a licence.
Investigative techniques to gather corroborative evidence might include the following.
- Photograph any items vandalized, damaged or written on.
- Check for fingerprints on vandalized items or other objects sent to or left for the victim.
- Obtain telephone and cellular20 phone records of the victim and suspect, which may provide evidence of calls.
- Have the victim obtain a telephone answering machine and retain recorded messages.
- Interview any potential witnesses, such as neighbours, family members, friends and co-workers.
- Research the suspect’s whereabouts during times of alleged acts to rebut or verify “alibi defences.”
- In serious cases, consider surveillance, which may include static surveillance of the victim’s residence or other locations where harassment is occurring, mobile surveillance of the victim at points of vulnerability (such as times when they are travelling between home and work) to gather evidence that the suspect is following the victim, and surveillance of the suspect.
- Seize all physical evidence; do not leave this evidence with the victim. Common sources of evidence include the following:
- taped phone messages (record all relevant voice mail messages);
- letters, notes, documents, photographs, diaries and any other record or item made by the suspect regarding the victim;
- documents containing the signature and handwriting or hand printing of the suspect;
- computer hard drives and computer disks containing, for example,
e-mail messages and poems by the suspect that concern the victim or were sent to the victim; and
- hard copies of e-mail messages from the suspect to the victim.
- If necessary, seek advice from experts (listed in Appendix D) to assess the type of stalking behaviour in question, in order to determine what collateral material might be included in the warrant, and whether to seek a public safety warrant under s. 117.04 of the Criminal Code or a weapons search warrant under s. 487.
- Where reasonable grounds exist, consider executing search warrants of the suspect’s residence, vehicle and any recreational property to seek the following:
- photographs of the victim;
- photographs, diagrams or drawings of the victim’s home or workplace;
- writings, logs or diaries kept by the suspect that describe stalking activities or thoughts or fantasies about the victim or other victims, including information contained in computer files or on diskettes;21
- personal items belonging to the victim;
- video or audio tapes that might contain information concerning the stalking, such as surveillance footage;
- any collateral material—including books, journals, or other materials and electronic documentation or data—describing stalking techniques or containing subject matter dealing with stalking, harassment or violence;
- any equipment that appears to have been used to “stalk” the victim, such as cameras, binoculars, video recorders, computer hard drives and computer disks;
- clothing worn by the suspect during the stalking episodes; and
- firearms, weapons, knives and ammunition belonging to the suspect.
Note that firearms and weapons are treated separately under the Criminal Code, as shown by the following examples.
- Section 117.02 authorizes a warrantless search for weapons, except in a dwelling house, where an offence has been committed and the grounds for obtaining a warrant exist but, because of exigent circumstances, it is not practicable to obtain the warrant.
- Section 117.03 allows police to seize firearms and other items if they find someone in possession of such an item without proper documentation.
- Subsection 117.04(1) enables police to apply to a justice for a warrant to search for and seize any weapon (including firearms), prohibited device, ammunition, prohibited ammunition or explosive substance, as well as any licences, registration certificates or authorizations held by or in the possession of the suspect, if there are reasonable grounds to believe that continued possession of weapons by the suspect poses a risk to public safety.22
- Subsection 117.04(2) authorizes such a search and seizure without a warrant in exigent circumstances. If police do not find any documents relating to seized weapons, all such documents held by the suspect at that time are automatically revoked.
- See sample language for an Information and an Information to Obtain a Search Warrant in Appendix C. Specific requirements for each jurisdiction may vary.
When dealing with cases involving criminal harassment or stalking, investigators may wish to seek the assistance of experts in this area, who may include forensic psychologists and psychiatrists, criminal police threat specialists, computer forensic specialists and firearms investigation specialists. Expert assistance can include the following:
- risk assessment (see also Part 2.9 – Threat and Risk Assessments, and Level of Intervention);
- risk management strategies;
- assistance in obtaining search warrants,23 public safety warrants, or weapons prohibition orders;
- interview strategies;
- intervention strategies;
- expert evidence;24 and
- determination of characteristics and traits of an unidentified or unknown suspect (suspect profiling).
See Appendix D for police agencies with expert personnel who provide additional guidance in criminal harassment cases where required.
Endnotes |
| 18 |
Note that the Restricted Weapon Registration System (RWRS) is no longer available through CFRO. It is now available only through CFRS terminals, which CFOs can search. |
| 19 |
In other words, an assault conviction may not tell the whole story. The victim of an assault may have been a previous partner whom the accused stalked and assaulted; plea negotiations often result in pleas to less stigmatizing offences and a previous conviction may not convey the seriousness of the context of the offence. |
| 20 |
Note that an expert may be able to give evidence as to where the cell phone was situated when a call was placed. A statement such as “If you don’t pick up your phone right now I’m going to come in there…” is much more threatening if it is made when the accused is out front in his car than when he is calling from further away. |
| 21 |
Also consider looking for materials in the suspect’s handwriting for the purpose of handwriting analysis or comparison. |
| 22 |
See footnote 15 regarding a recent Ontario Court of Appeal ruling on the constitutionality of s. 117.04 of the Code. |
| 23 |
This means warrants under s. 117.04 of the Code to search for and seize weapons to decrease risks to public safety. |
| 24 |
Such evidence can include expert interpretations of cell phone records. When this handbook went to press, most such experts were located in the Toronto area, although they were often willing to travel to give evidence. |
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