Harassment: a family dispute without sufficient evidence of an offence

Archive and decision on verified protection

The situation

An investigation into harassment arose in a context of family and property conflict. Proceedings were conducted to assess whether the conduct had a criminal entity.

What the decision records

The court found that an offence had not been sufficiently established and provisionally dismissed proceedings. It did not grant the protection order requested.

What this helps explain

The existence of a conflict does not replace elements of the criminal type. The decision on a protective measure requires assessing its own requirements.