so, the neighbours are trying to charge me with harassment for yelling at them to not smoke beside my window.

in canada, the legal test for harassment revolves around the question of fear; they're simply wrong in their understanding of the law.

but, it's got me wondering if i might have a case against them for harassment. i've been focusing on nuisance. but, let's think this through.

this person has repeatedly come to my dwelling place and emitted noxious, carcinogenic chemicals into my living space. is it not the case that my reaction is rooted in fear - fear of annoying levels of sickness in the short term, and more dangerous ones in the long run?

see, and the difference is this: i'm in my dwelling place. i can't go live somewhere else (at least not yet). but, she could go smoke somewhere else. so, i am not going to her dwelling place, but she is in a very real way coming to mine.

well, if i file charges for nuisance, i'd might as well file them for harassment as well, right?