372

False information

372 (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.

Indecent communications

(2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication.

Harassing communications

(3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication.

Punishment

(4) Everyone who commits an offence under this section is

(a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) guilty of an offence punishable on summary conviction.

Annotations | French

• Section 372
• For the purposes of subsection (2), communication to a person includes communication made by phone and recorded on an answering machine (R v Manicke (1993), 109 Sask R 126 (CA)).
• The fault element for subsection (3) is intent to harass a person. The act element for subsection (3) is “transmitting a harassing communication by means of a telecommunication.” To prove the act has been committed, the Crown requires proof of the transmission, but does not require proof that the communication was received by another person (R c Manrique, 2020 QCCA 1170 at paras 34–37).