In R. v. Ymker (Ont CA, 2026) the Ontario Court of Appeal partially allowed a criminal appeal, here brought against convictions for "intimidation and criminal harassment and one of the breach of undertaking charges".
Here the court considered the mens rea for 'criminal harassment' and 'intimidation':
[17] I begin by noting that criminal harassment and intimidation are both specific intent offences.
[18] Criminal harassment contrary to s. 264 of the Criminal Code, R.S.C. 1985, c. C-46, requires proof beyond a reasonable doubt that the accused knew that the complainant was harassed by their conduct, or was reckless or wilfully blind as to whether the complainant was harassed.[15]
[19] Intimidation of a justice system participant under s. 423.1(3) of the Criminal Code, requires proof beyond a reasonable doubt that an accused intended to provoke a state of fear in the justice system participant for the purpose of impeding that person in the performance of their duties.[16]
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