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The Definition Of Stalking In Canada: Ultimate Victim Handbook


a woman being stalked

Are you feeling unsafe because someone is:

  • Following you wherever you go?

  • Repeatedly contacting you, even when you’ve asked them to stop?

  • Watching your home, workplace, or places you frequent?

  • Threatening you or your loved ones?

You might be experiencing criminal harassment.


It's a crime, and help is available.


Stalking, legally defined in Canada as criminal harassment, is a crime that thrives on persistence and fear. The law outlines it as repeated actions that cause an individual to fear for their safety or that of someone they know. Today we'll explore the different types of stalkers, the definition of a stalker in Canada as well as the best self defense tools you can use to protect yourself.


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a woman being followed

What is The Definition Of Stalking In Canada?

Wondering what the definition of stalking in Canada is? Put simply, certain criteria must be met simultaneously to fall under the definition of stalking including:


  1. Directed Behavior: The actions must be deliberately aimed at a particular individual, making them the intended target.

  2. Intent to Instill Fear: The stalker’s behavior must aim to cause the victim to fear for their safety or well-being.

  3. Actual Fear Experienced: The victim must genuinely feel afraid as a result of the stalker’s actions.


Moreover, stalking behaviors must occur on more than one occasion. A single incident, no matter how unsettling, does not typically meet the threshold for stalking under most legal definitions.




What is the Difference Between Lurking and Stalking?

The difference between lurking and stalking lies primarily in the intensity, intent, and behavioral patterns associated with each. Lurking typically involves observing someone from a distance, often online or in-person, without direct interaction. It is usually passive and lacks the escalating intensity seen in stalking.


Stalking, on the other hand, is characterized by persistent, unwanted pursuit or monitoring that often escalates over time, potentially leading to harassment or violence.


According to experts, stalking involves an obsession with the victim, marked by a deliberate effort to intrude upon their life, often driven by a desire for control or an unreciprocated romantic interest. Lurking may be unsettling but is generally not considered as inherently threatening or indicative of future harm as stalking. Nonetheless, both behaviors can feel intrusive, particularly when they involve unwelcome attention.

Stalking Is A Broad Spectrum of Behaviors

Stalking is not tied to a single profile or set of actions. Stalkers come from diverse backgrounds and employ a range of tactics. Common methods include:

  • Physical Surveillance: Following the victim, showing up uninvited, or watching them from a distance.

  • Digital Intrusion: Using social media, GPS tracking, or spyware to monitor the victim's movements and communications.

  • Direct Harassment: Persistent phone calls, text messages, or sending unwanted gifts.

  • Third-Party Involvement: Contacting the victim's friends, family, or coworkers to spread false information or relay threats.


The psychological features of stalkers also vary. Some act out of obsession, others out of a need for control or revenge.

Criminal harassment, often referred to as stalking, remains a significant concern across Canada.


Is Stalking A Mental Illness? Stalking is not officially classified as a mental illness, but it is frequently associated with underlying psychological disorders.


Research shows that between 50% and 75% of stalkers who encounter the criminal justice system have diagnosable mental health issues. These commonly include:

  • Personality disorders

  • Schizophrenia

  • Other psychotic conditions like delusions or psychosis

  • Depression

  • Substance use disorders.


While some stalkers experience delusions or psychosis—believing they have a personal relationship with the victim—many do not exhibit psychotic symptoms.


Instead, their behaviors may stem from obsessive tendencies, attachment disorders, or unresolved interpersonal issues.


Studies have further identified different typologies of stalkers, such as the rejected stalker, who harbors resentment after a failed relationship, or the intimacy-seeking stalker, often motivated by delusional beliefs of mutual affection. More on this below.


Some research also highlights that stalkers with mental health conditions may persist longer in their behaviors compared to those without such conditions. This suggests a complex relationship between stalking behavior and mental illness, where psychological factors can amplify obsessive or intrusive actions.


The Likelihood of Stalking

The 2014 General Social Survey (GSS) on Canadians' Safety (Victimization) provides updated insights into the prevalence and nature of stalking in the country. Key findings from this survey include:


  • Prevalence: Approximately 1.9 million Canadians reported experiencing stalking in the five years preceding the survey, representing about 6% of the population aged 15 and older.


  • Gender Differences: Women were more likely to be victims, with 8% reporting stalking experiences compared to 5% of men.

    Statistics Canada


  • Age Factor: Nearly half of the victims were between 15 and 34 years old, indicating a higher prevalence among younger Canadians.


  • Relationship to Stalker: About 27% of victims were stalked by strangers, while 21% were targeted by current or former intimate partners.


  • Methods of Stalking: Common tactics included threats or intimidation (39%), repeated unwanted communications such as phone calls (31%), and unwanted emails, texts, or social media messages (28%).


These statistics offer a comprehensive overview of stalking in Canada as of 2014. For the most current data, consulting the latest releases from Statistics Canada or the Department of Justice Canada is recommended, as they periodically update reports on criminal harassment and related offenses.


Which Age Group Has The Highest Rate Of Stalking Victimization?

Individuals aged 15 to 34 years face the highest rates of stalking victimization in Canada. Within this range, younger individuals aged 15 to 24 years experience particularly elevated risks.


Age Groups Most Affected

  1. 15-24 Years:

    • Prevalence: This group is disproportionately targeted, reporting the highest rate of stalking incidents within the broader 15 to 34 demographic.

    • Key Factors:

      • Extensive use of social media and dating platforms exposes this group to digital stalking.

      • Greater participation in public social activities and nightlife increases visibility.

      • Limited experience with identifying and responding to stalking behaviors makes them more vulnerable.


  2. 25-34 Years:

    • Prevalence: Individuals in this slightly older age group also face significant rates of stalking, particularly from acquaintances or former partners.

    • Key Factors:

      • Active professional and social lives provide stalkers opportunities to gather personal information.

      • Continued reliance on digital communication tools can leave this group open to cyberstalking.


  3. Decline After 35 Years:

    • Prevalence: Stalking incidents drop significantly for individuals aged 35 and older.

    • Reasons:

      • Changes in social behavior and reduced public visibility lower the risk of being targeted.

      • Greater experience and precautionary behaviors help mitigate stalking risks.


Victim and Perpetrator Profiles

A staggering 76% of victims of criminal harassment were female in 2009. This statistic underscores the gendered nature of stalking, where women are disproportionately targeted. In comparison, only 51% of victims of other violent crimes during the same period were female, showing how stalking uniquely affects women.


On the perpetrator side, 78% of those accused of criminal harassment were male. Among female victims, 85% of stalkers were men, and even among male victims, 64% of stalkers were male. These statistics highlight the dominance of male perpetrators across cases, reflecting broader societal patterns of power and control.


Relationship Dynamics: Who Is Likely To Get Stalked?

  • Female victims were almost twice as likely as male victims to be stalked by a former or current intimate partner (51% vs. 23%).

Male victims, on the other hand, were more often stalked by casual acquaintances (37%) or strangers.



5 Best Self Defense Tools To Protect Yourself


SABRE dog spray legal self defense tool in Canada

Pepper spray for humans? Sorry, that’s strictly off-limits in Canada. Any tool carried for the purposes of self defense against a human is illegal. But dog spray? That’s fair game—perfectly legal for use on dogs, wildlife, and those pesky "animals" (you know the ones).


You can read our full guide on whether you can use bear spray for self defense in Canada here.



shes birdie keychain

Personal alarms emit a deafening screech to draw attention to your situation and deter and disorient attackers. They’re perfect for joggers, elders, teenagers, women, night workers or anyone that thinks they may find themselves in a vulnerable position at some point.



When dealing with the unnerving reality of a stalker, a video doorbell is your silent bodyguard. Imagine this: instead of nervously peeking through the blinds, you’re sipping coffee while your phone shows you exactly who’s loitering outside.


With motion detection and live video, you’ll know when someone approaches your door—even if they think they’re being sneaky. And if they’re bold enough to linger, Two-Way Talk lets you remind them they’re not invisible, all without stepping into harm’s way.



safety keychain

Carrying a self-defense keychains in Canada? Here's the catch: if your sole reason for having it is self-defense, the law considers it a prohibited weapon.


BUT, if it’s just an innocent keychain minding its business holding your keys, it’s perfectly legal.


Now, if said keychain happens to moonlight as a self-defense tool and you just so happen to use it in an attack situation, well, let’s just say your lawyer might have something to work with—should it come to that.



tactical flashlight


Your every day flashlight can be used as self-defense tool by shining it in an attacker's eyes to blind and disorient them. Flashlights are of course legal to carry in Canada, unlike many other self-defense tools. This means that you can have one on hand at all times in your bag without worrying about breaking the law.


The 6 Stalker Profile Types Explained

Stalking behaviors can vary significantly depending on the stalker’s motivations, psychological state, and relationship with the victim.


intimate stalkers

1. Intimate Partner Stalkers

  • Definition: These stalkers are often current or former romantic partners of the victim. They seek to control or re-establish a relationship with the victim, driven by jealousy, revenge, or an inability to accept the end of the relationship.


  • Characteristics:

    • The most dangerous type of stalker, with a high likelihood of violence.

    • Often exhibit obsessive behaviors and a deep emotional attachment to the victim.

    • Their actions frequently escalate over time, particularly following a breakup.


  • Risk Factors:

    • Domestic violence is often a precursor to intimate partner stalking.

    • Victims of this type are at increased risk of physical harm or even homicide.


  • Example Case: Studies show that 76% of femicides involve stalking within the year prior to the murder, with many perpetrators being former partners.


acquaintance stalkers

2. Acquaintance Stalkers

  • Definition: These individuals know the victim through non-romantic relationships, such as work colleagues, friends, or neighbors. Their stalking may stem from unreciprocated feelings or personal grievances.


  • Characteristics:

    • Persistent but often less emotionally intense than intimate partner stalkers.

    • They frequently attempt to initiate a relationship or seek revenge for perceived slights.

    • Threats are common, and around one-third of acquaintance stalkers engage in property damage or physical violence.


  • Risk Factors:

    • While less likely to escalate to violence than intimate partner stalkers, they pose significant risks, especially when rebuffed.

    • Their behavior may involve harassment at work or social circles, disrupting the victim’s life.


stranger stalkers

3. Stranger Stalkers

  • Definition: These stalkers have no prior personal relationship with the victim. They may target individuals they have seen in public, celebrities, or people they have encountered online.


  • Characteristics:

    • Their motivations can vary, from infatuation to resentment or delusional beliefs about a connection with the victim.

    • Tend to be more unpredictable and difficult to deter, as they lack a direct emotional bond with the victim.


  • Risk Factors:

    • Stranger stalking is less personal but can still escalate, particularly if the stalker has mental health issues.

    • Victims often report higher levels of fear due to the unknown nature of the stalker.


cyber stalker

4. Cyberstalkers

  • Definition: A growing category of stalkers who use digital tools such as social media, GPS trackers, or spyware to monitor and harass their victims.


  • Characteristics:

    • May operate anonymously, emboldened by the perceived distance provided by technology.

    • Common behaviors include sending threatening emails, impersonating victims online, or posting private information publicly.


  • Risk Factors:

    • Cyberstalkers are challenging to identify and often escalate from online harassment to in-person stalking.

    • Victims experience high levels of distress due to the 24/7 nature of online harassment and the public humiliation it can involve.


public stalker figure

5. Public Figure Stalkers

  • Definition: These stalkers target celebrities, politicians, or other public figures, often driven by obsession, delusion, or a desire for notoriety.


  • Characteristics:

    • While most interactions remain non-violent, rejection or perceived humiliation can provoke calculated, predatory acts of violence.

    • Public figure stalkers are more likely to plan their actions meticulously.


  • Risk Factors:

    • Violence in these cases is rare but tends to involve serious injury when it occurs, often with weapons like firearms.

    • Professional protection and psychiatric intervention are typically recommended.


psychopaths


6. Psychopathic Stalkers

  • Definition: These individuals exhibit traits of psychopathy, such as a lack of empathy, impulsivity, and an intense need for dominance or revenge.


  • Characteristics:

    • Tend to target strangers or superficial acquaintances.

    • Their stalking behaviors are calculated and may involve threats, physical harm, or even sadistic motives.


  • Risk Factors:

    • Psychopathic stalkers pose one of the highest risks for serious physical harm to their victims.

    • They are less likely to respond to traditional deterrents or interventions, requiring specialized management strategies.


What To Do If You Are Being Stalked

In Canada, stalking is legally defined as criminal harassment under Section 264 of the Criminal Code. A stalker can be charged even if they do not physically harm or touch you. The law focuses on behavior that causes the victim to fear for their safety or the safety of others. This includes repeated following, unwanted communication, watching someone’s home or workplace, or engaging in threatening behavior.


The key element is whether the stalker’s actions are perceived as harassing or intimidating.


Practical Steps to Take:

  1. Document the Behavior:

    • Write down every incident with details like dates, times, locations, and descriptions of the behavior.

    • Save any messages, emails, or voicemails and take screenshots of online harassment.

    • Capture video or photographic evidence if safe to do so.


  2. Avoid Confronting the Stalker:

    • Never approach or engage with the stalker, as this can escalate the situation or embolden them.

    • Confronting them may also work against you legally, as it could be interpreted as a form of communication.

    • At the most, you can stare at them so they realize you know they are following you. With some personalities, this might be enough for them to be scared away. But it entirely depends on the individual.


  3. Contact Law Enforcement:

    • Go to your local police station and file a report, providing all the documentation and evidence you’ve collected.

    • Ask for a peace bond (similar to a restraining order) if the stalker has not yet committed a criminal act but their behavior is alarming.

    • If the behavior persists or escalates, police can escalate charges to criminal harassment or even stalking under Canadian law.

  4. Enhance Personal Safety:

    • Apple AirTags or GPS Trackers: Consider using trackers discreetly for your belongings or vehicles, but ensure this is for defensive purposes, such as monitoring if the stalker has tampered with your property.

    • Technology Precautions: Turn off location sharing on social media and use strong privacy settings. Consider using two-factor authentication for online accounts.

  5. Workplace and Community Safety:

    • Inform your workplace or school about the stalking situation so they can monitor any unusual activity.

    • Share descriptions of the stalker with trusted neighbors or friends who can act as additional eyes and ears.

  6. Legal Recourse Without Physical Contact:

    • Stalkers can be charged even if they haven’t physically touched you. Repeatedly following, showing up uninvited, or sending unwanted communications are all grounds for charges if they cause you to feel unsafe.

    • If convicted, penalties can include fines, restraining orders, and jail time.

  7. Seek Support:

    • Contact organizations like Victim Services or local women’s shelters. They can provide emotional support and guide you through the legal and safety planning process.


In Canada, taking action promptly by reporting to police and securing legal protections is critical. The law is designed to protect individuals from escalating behaviors, even in cases where physical harm has not occurred.


Should I Confront The Stalker?

Confronting a stalker is generally not recommended and is unlikely to "snap them out of their delusion." In fact, engaging with a stalker can often escalate the situation or reinforce their behavior, depending on their motivations and psychological state.


Here’s why this is the case and why avoiding confrontation is advised:


Why Avoid Confrontation?

  1. Risk of Escalation:

    • Stalkers often interpret any interaction, even negative or confrontational, as validation of their obsession. For example, if the stalker seeks attention, confronting them might confirm to them that they’re still on your mind.

    • Confrontation can also provoke anger or retaliation, particularly if the stalker feels rejected or humiliated.


  2. Legal Risks:

    • Confrontation could be seen as mutual engagement, complicating any potential criminal harassment case. It may make it harder to argue that their behavior was entirely one-sided if there is evidence of interaction.


  3. Stalkers' Psychological State:

    • Many stalkers operate from a distorted sense of reality. Confronting them rarely breaks their delusion and may even solidify it. For instance, they might interpret your approach as a sign of interest or encouragement.


  4. Safety Concerns:

    • Stalkers are unpredictable. Some may react with aggression, especially if they feel confronted or cornered.


What Works Better?

Rather than confronting the stalker, the best course of action is to:


  • Set Clear Boundaries Without Engagement: If contact is unavoidable, communicate once, clearly stating that their behavior is unwanted and must stop. After that, avoid all further interaction.

  • Document and Report: Build a record of their behavior and report it to the authorities. This is often the most effective way to address stalking behavior and ensure your safety.

  • Increase Safety Measures: Strengthen your personal and digital security to prevent further unwanted interactions.


Could Confrontation Work in Some Cases?

In rare instances, directly addressing someone who is unaware their behavior is unwelcome (e.g., a casual acquaintance) could clarify boundaries and stop the behavior. However, this is only advisable in low-risk situations and with people you know well. For those showing obsessive or escalating behaviors, confrontation is not effective and could be dangerous.



Legal Outcomes For Stalking

  • From 2008 to 2009, adult criminal courts in Canada processed approximately 3,200 cases where criminal harassment was the most serious charge:

    • 52% of these cases resulted in a guilty verdict.

    • 37% were stayed or withdrawn.

    • 7% resulted in acquittals.

    • 4% had other outcomes, such as findings of not criminally responsible.


Intersection with Other Crimes

  • Over 27% of reported criminal harassment cases involved additional offenses, with uttering threats being the most common.

  • Between 1997 and 2009, stalking served as a precursor to 68 homicides—an average of five per year—often involving recently separated intimate partners.


Trends Over Time

  • From 1999 to 2009, reported cases of criminal harassment increased by 65%, growing from 6,411 victims to 10,589 victims.

  • This trend may reflect heightened awareness of stalking behaviors, increased willingness to report incidents, or improved response measures from law enforcement.

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