Stalking Laws: A Comparison of US and Canada

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Source: End Organized Stalking!

It seems the US has very strong criminal legislation dealing with the problem of Stalking and Bullying, unlike Canada’s token pretence at dealing with the issue while not dealing with the issue.

A typically Canadian approach taken when politicians want to get the pressure off of themselves but don’t actually want to solve a problem.

According to the US Law, Cyril Reitman and every person who has colluded with him directly or indirectly would do a minimum of 10 years in jail and some would receive the death penalty or life in prison depending on which scam they colluded on.

According to the Canadian Law, there likely wouldn’t even be a conviction since there are so many potential ways from him to weasel his way out of it. In Canada, he’d also have to be charged and convicted for each crime separately which would be a monumental task. Those that don’t fit within the definition of the Criminal Harassment law, which would constitute most of them.

Let’s take a look at the language of the two laws:

Canada:

Section 264. Canada Criminal Code.
1. Criminal harassment – No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonable, in all circumstances, to fear for their safety or the safety of anyone known to them.
2. Prohibited conduct – The conduct mentioned in subsection (1) consists of repeatedly following from place to place the other person or anyone known to them; repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on a business or happens to be; or engaging in threatening conduct directed at the other person or any member of their family.

Now this is lovely but doesn’t even come close to dealing with the issues that the majority of stalking victims are forced to deal with since the entire point of stalking is to maliciously persecute the person and may or may not involve direct threats to the person’ or their family safety or even following them.

It’s also so ambiguously written that there are cavernous holes to crawl out of for the stalker charged under this law.

And why is it okay with “lawful authority”?

Sure the police are allowed to watch people when they conduct an investigation but the language here implies that they are also allowed to harass people while they’re conducting an investigation.

Absurd.

Here is the US Law which should be adopted in Canada but even if it is will still not be as strong.

The reason is that the American Constitution is much stronger in the area of Rights than the Canadian Charter is. However, it would be a huge step forward and could be adjusted to strengthen the language in those areas where the Charter is weak.

This is a law with some serious teeth in it and Stalkers should be made aware that they could be facing not only prison time but the death penalty if they get caught Stalking in the US.

Note that the American law does not exclude Law enforcement nor should it. No-one should be above the law.

Law enforcement should also be made aware that they are ignoring a serious criminal offence if they don’t act on Stalking complaints which could be a criminal act in itself depending on the State. I suggest American TIs look into this.

United States:

CITE
18 USC Sec. 241                                                01/05/2009


EXP CITE
TITLE 18 – CRIMES AND CRIMINAL PROCEDURE PART I – CRIMES CHAPTER 13 – CIVIL RIGHTS

HEAD
Sec. 241. Conspiracy against rights


STATUTE
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;


or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured –


They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

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