THE VIOLATION OF CRIMINAL BULLYING
What is bullying in regard to the Criminal justice Code?
In order for a behaviour to be considered as criminal bullying, certain criteria have to be met.
First of all, the person that bullies has to adopt a certain type of behaviour towards the plaintiff or one of his/her acquaintances. The following actions correspond to this type of behavior:
- Following the plaintiff or one of her acquaintances repeatedly,
- Communicate repeatedly, even indirectly through another person, with the plaintiff or one of his/her acquaintances,
- Stalking or surveilling the residence, the workplace or any other place where the plaintiff or his/her acquaintances could be at,
- Behaving in a threatening manner in regard to the plaintiff or a member of his/her family
Concerning the last two points, it must be noted that, depending on the gravity of the act, it is necessary for the behavior to be repetitive. One single move from your part could lead to criminal accusations.
Secondly, because of this act, the plaintiff must feel bullied.
Thirdly, the act in question must trigger the plaintiff to fear for his/her security and for that of his/her acquaintances.
Fourthly, this fear must be reasonable in regard to the circumstances.
Fifthly, the person bullying must be aware that the plaintiff feels bullied by his behavior, or not mind about it.
Intimidation under the Criminal justice Code
As you may have noticed, various criteria have to be met in order to speak about criminal bullying. As a consequence, we are not able to say that every form of intimidation is necessarily a criminal offense.
Bullying at work
It is not all forms of bullying that are considered as crimes. As an example, a situation of psychological or sexual bullying committed on a work place, by a work colleague, is not necessarily a crime. The complaint will be established conform to the Law on labor norms; it is not criminal law.
Bullying during the technological era.
As mentioned above, communicating repeatedly with a person is a behavior that could lead to a bullying complaint. During the era of technology and social media, we have the possibility to communicate instantly on a very large network. As a consequence, the cases of bullying through text messages or through social media are more and more frequent. When an offense is committed by the means of a computer, we then speak of cybercrime. This type of case requires specific attention because once the history of the conversation is revealed, it is very easy to prove bullying like behavior. At Riendeau Lawyers, we frequently treat cases about cybercrime and we will be able to defend your interests.
The sentences following a conviction
If you are found guilty of this crime, you are liable to a maximum prison sentence of 10 years. It is therefore crucial to partner up with an experienced lawyer that will devote his time and expertise in order to obtain the best sentence for you.
Has someone made a complaint against you to the police and are you the subject of an accusation of criminal bullying?
Don’t hesitate to contact Riendeau Lawyers! Our lawyers will defend you vigorously and will do everything in order for you to be acquitted or avoid a criminal record. Contact our office in order to get know your chances of success and the various steps to accomplish in order to resolve your case.