Before we delve into the 3 Activities That Constitutes Stalking In Canada, lets first understand the meaning of the word “Stalking”
What is Stalking?
Stalking can be defined as when an individual continuously make attempts to terrorize (emotionally) another person (either through phone calls, emails, social media, in other to gain control over them.
Furthermore, if you follow someone closely and watching their every move without their consent or knowledge can be termed also as “Stalking”. This is not much different from the jungle version of the word as in both cases the Stalker is watching the prey with mostly ill intention.
Why do people stalk?
In most cases people that stalk other people do so because of love, envy or jealousy. For example, a person may decide to stalk their ex partner as a result of a breakup or an obsessive wife may stalk her husband just to make sure he is not cheating.
If you continuously harass anyone to a point where they fear for their safety — that is considered as a “criminal harassment”, and is punishable by law.
3 Activities That Constitutes Stalking In Canada
By law, it is prohibited for one to do anything that makes another fear for their safety and the safety of people close to them. The following activities are considered stalking according to the criminal code of Canada :
Stalking according to the law
- Persistent following of the person, or people close to them, from one point to another with intent to harass or threaten
- Watching the place of residence, or work of the person or of anyone close to them, whether openly or in hiding wit intent to harass or threaten
- Sending or posting harassing or threatening messages online
Stalking may include any threatening activity towards the other person or anyone close to them — either through phone calls, approaching them or even yelling.
Of course, this relates to any unauthorized surveillance. For anyone to engage in such surveillance of an individual and their loved ones, they would have to be licensed as private investigators or be working for the authorities. The law also states that any claimed reckless behavior that carries the shade of stalker activity is also punishable by law.
The current jail term for stalking is up to 10 years in jail. In cases where a restraining order had been previously issued, the law is even more severe.
How Does This Apply To Private Investigators?
This is a slippery slope for private investigators as they could easily be mistaken for stalkers. The fact that some investigations demand they are not discovered could place them on the hook. If the subject discovers them, chooses not to show it, but reports it and waits to get the private investigator caught, it could turn the investigation sideways.
Well, according to the law, the Private Investigator is advised to ensure that they have a valid contract with their client to show that they are working and not stalking the subject. They should also be legally licensed and known by the relevant P.I authorities in their state.
Once discovered, the Private Investigator is meant to stop surveillance on the subject and either find another way to get their information or discontinue the investigations altogether.
Stalking in all its forms is prohibited by law. The psychological makeup of any stalker suggests that they are capable of doing harm to their subject if they are able to access them. They are generally unstable, with obsessive tendencies that render them incapable of judging their actions right. This is why people are advised to report such persons as soon as possible. You never know, It may save a life.