The accused was charged with criminal harassment and uttering threats to cause death or injury to children, arising from an incident on March 25, 2011 during a custody transfer.
The Crown alleged that the accused made threatening statements to the complainant regarding her children after she refused to allow him to pick up their daughter at her home.
The court found the accused not guilty on both charges.
While the court accepted the complainant's credible testimony that the accused made the alleged statement, it found that the threat did not constitute a threat of bodily harm as defined in the Criminal Code, as there was insufficient proof of substantial interference with the psychological integrity of the children.
Additionally, the harassment charge failed because it required proof of repeated following on more than one occasion, and only a single incident of following was established.
