McGlennan v McKinnon, 1998 S.C.C.R.285, 290
Citation: McGlennan v McKinnon, 1998 S.C.C.R.285, 290
Rule of thumb: If you ask someone to stop making romantic moves on you, and they do not, is this harassment? Potentially, yes, especially if this was stated clearly & unequivocally, though this is an area of law in development.
Judgment:
The Court in this case held that being overly aggressive in pursuing a woman constituted harassment, ‘The provisions of the 1997 Act can be seen as recognising an actionable right to be free from unwelcome pursuit, which in some legal systems forms part of a wider right of privacy. Hitherto, under our law, a young man who pestered a young lady by serenading her or a young lady who annoyed the object of her affection with unwanted protestations of love were more likely to be of interest to playwrights or authors of romantic fiction than to the courts or the prosecution authorities. If that has now changed, the courts should pay careful attention to limits within which Parliament has ventured into these areas of behaviour’.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.