The accused was charged with criminal harassment contrary to section 264(2)(b) of the Criminal Code for conduct occurring between March 5 and March 27, 2011.
The complainant, his estranged wife, alleged that the accused repeatedly communicated with her directly and indirectly, causing her to fear for her safety.
The conduct included emails, appearing near her vehicle, leaving a broken guitar with a note on her car, and arranging for flowers to be delivered.
The court found that while the accused engaged in the conduct alleged, the Crown failed to prove beyond a reasonable doubt that the accused knew or was reckless as to whether the complainant was harassed, or that her fear was reasonable in all the circumstances.
The accused was acquitted of the criminal harassment charge but ordered to enter into a recognizance to keep the peace and not communicate with the complainant.
