My sister is getting harassing phone calls. She called Fido but they said they don't do that and to call the police. They also told her she could change her number, for a fee.
She spoke to the police and they said unless their threatening they can't do anything about it. All they can do is file a report for future reference.
The calls aren't threatening, just silence on the other end or sometimes the guys asks her why she doesn't want to talk with him and stuff like that. He usually calls her at least once a day. Most of the time she doesn't answer but that hasn't stopped him.
264. (1) 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.”
The offence is a hybrid offence, so it can be prosecuted as either a summary conviction or an indictable offence. The maximum jail time, if an offender is convicted is ten years.
Seems pretty clear cut, assuming you have presented the facts as they actually are. Harassment doesn't have to be explicitly threatening in order to be illegal. That why there is a specific section about criminal harassment in addition to the laws against unlawful threats and intimidation. Don't get pissy with the cops, but it might help to point them to the right section of the applicable law.
And don't expect any help from Rogers. They don't make money from preventing your sister from being harassed so it isn't in their interest to to anything (except suggest ways they can make some money off the situation, like changing numbers).
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It's not the police refused to accept a report, it's just that they said unless the calls are threatening there's nothing they can really do about it other then take a report.
Hopefully it all works out and doesn't escalate. Try the calling blocking apps suggested by others if she has an Android.
Again, caution is warranted. The caller is behaving irrationally. There is little reason to think that this is going to improve anytime soon, while there is reason to think that it will get worse. Maybe it won't, but keeping a log of what's happening will be important if legal action is required. It's better to have this information and not need it than to fail to get help for the lack of cause.
Someone online suggested specifically setting the ringtone for when that number calls to silent - he suggested recording thirty seconds of silence in garageband. An odd temporary solution, but worth considering. At least she won't be bothered by the phone ringing.
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If she can JB her iPhone, then i highly recommend iBlackList. I can send busy signal when he call or SMS again.
All that is required is that she be in fear for her safety. The fact that she honestly doesn't have this fear right now is: a) dependent on her past experience which might not be very well informed about the kind of thinking behind these calls; b) a matter of wishful thinking rather than critical thinking b) possibly temporary, as reality may set in with his next call or perhaps a visit in person.
Maybe this creep will give up for a while and then go bother someone else. Preparation for self-defense and legal action would be more prudent.
Back on topic for the phone technology: I'd look for a solution that both denies the creep his fun (a permanent busy signal is good) and logs his attempts for later use in legal complaints.
Anyway, all that said, the iBlacklist seems to be the best solution for her right now.