Stalking law

[Politics_Guy25]

I was just reading over the law regarding stalking because some friends and I got into a conversation last night about if any of us had been stalked and what exactly constitutes stalking. None of us have fortunately. I found a definiton of what it is online and I've pasted it below:

264. (1) Criminal harassment - No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of
(a) Repeatedly following from place to place the other person or anyone known to them;
(b) Repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
(c) Besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
(d) Engaging in threatening conduct directed at the other person or any member of their family.

This is just one jurisdiction's law but from a look at google it seems like repeated contact or repeated behavior is one element but ALSO that the the person being stalked has to have a reasonable fear for their safety. Is fear required for it to be stalking or would any of the provisions in 264 constitute stalking regardless of if there was fear or not? Like the example I am thinking of right now is what about an ex lover who keeps sending every so often a text or e-mail to a ex that reads something like "please talk to me baby" or something innocent sounding enough like that? Is that stalking as well? It should be! The ex needs to get over it. Or would the ex in theory be able to legally send messages ad infinitum as long as they weren't threatening in any way?

In my eyes, stalking should be any unwanted contact whatsoever no matter if it's threatening or not. It is isn't it? Of course a friend raised another issue: What if two ex lovers came close to getting back together and e-mailed or called/texted back and forth and then all of a sudden one of the exes stopped all communication without clearly stating why and the other ex kept texting or e-mailing wondering what had happened with no response? What if the ex when he/she was feeling all lovey duffy had even said that the lover could call/e-mail whenever but then cut off contact with no explanation. Could the ex that cut things off legally claim stalking as well? One of the friends in our group had an acquaintance in college who almost got into trouble for a situation like that.

It was a fascinating but kind of creepy discussion. I hope to never experience it and hope that no one on here ever does either! I am curious though to get some answers to my questions and see what you all think, especially about the "fear" parrt of it and the scenario that one of my friend's college friends had.

[Ptah]

1. Stop following me