Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!usc!cs.utexas.edu!uwm.edu!bionet!agate!telecom-request From: ndallen@contact.uucp (Nigel Allen) Newsgroups: comp.dcom.telecom Subject: Threatening Phone Calls in Canada Message-ID: Date: 20 Mar 91 06:25:00 GMT Sender: Telecom@eecs.nwu.edu Organization: 52 Manchester Avenue Lines: 62 Approved: Telecom@eecs.nwu.edu X-Submissions-To: telecom@eecs.nwu.edu X-Administrivia-To: telecom-request@eecs.nwu.edu X-Telecom-Digest: Volume 11, Issue 219, Message 1 of 7 Eight years ago, I received a series of harassing phone calls: one more or less explicit threat, "You're dead, Nigel!", and subsequently, over the next several weeks, a series of calls where the caller would simply not say anything. (I had worked with the person who decided to make my life unpleasant; if anyone wishes further details of his motives, they can e-mail me.) The one good thing about the whole episode is that it taught me how the Canadian criminal justice system deals with harassing phone calls. In TELECOM Digest V11 #205, Eric Skinner (443114@acadvm1.uottawa.ca) writes: > Interestingly, I had a friend in Montreal who was receiving a large > number of *harassment* calls, and Montreal police refused to do > anything about it. Bell Canada refused to do anything, saying it was > completely the police's responsibility. The police's line was that > since they were "too busy," they did nothing about harassment calls > unless "physical harm" was "explicitly threatened." Hardly a surprise. There are some serious problems with the criminal justice system in Canada, and particularly in Quebec. The Montreal police and the Quebec provincial police can be extremely unpleasant. However, the Canadian criminal justice system does allow someone who has received threats to ask a judge to order the alleged harasser to post a "peace bond" (in effect, to promise to keep the peace). This procedure, something like an injunction, means that a judge can order the alleged harasser to stay away from the complainant. Being ordered to post a peace bond does not count as a criminal conviction, but breaking a peace bond is considered a criminal offence. This is most often used to protect a woman from an abusive ex-husband or boyfriend. As well, Eric Skinner's friend might have considered swearing out a charge privately. At that point, the police might have been somewhat more interested in dealing with the matter. U.S. readers may encounter similar obstructionism from the police if they receive harassing calls. In that case, they may want to consult their state justice department or local legal clinic about what their options are, including swearing out a complaint or filing charges themselves. However, in some areas (such as Peel Region, just west of Toronto), the criminal court system is severly congested, and it can be several months before a case goes to trial. The emotional investment in being a complainant in a trial is significant, particularly if the alleged harasser has a competent lawyer. Of course courtrooms across North America are filled with trials for things a lot worse than harassing phone calls, but knowing that doesn't make things much easier. > The solution was to switch phone numbers ($27.00) and get an > unlisted number ($4.00/month or so). We were not impressed. When I was receiving harassing phone calls, Bell Canada waived the service charge for a new number. I suspect that if you ask for a number change, Bell wants its service charge; if you wait for Bell to suggest a number change, you get it free. Nigel Allen ndallen@contact.uucp