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Uttering threats is a criminal offence under section 264.1 of the Criminal Code. It involves threatening to cause death or bodily harm to another person, or to damage their property or harm their pets. Even a comment made in anger, frustration, or over text can lead to a criminal charge — even if you never intended to follow through.
These cases often arise from heated arguments, breakups, or misunderstandings, where words spoken in the moment are later reported to police. Despite being common, uttering threats is treated seriously by the courts and can result in jail time, probation, and a criminal record.
Our team has successfully defended clients by proving lack of intent, contextual misunderstanding, or that the alleged words don’t meet the legal definition of a threat. We have also resolved many cases through peace bonds or withdrawals, avoiding criminal records entirely. Contact us today to discuss your case and protect your future.
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FAQS About Utter Threats Charges
The offence of uttering threats is set out in section 264.1 of the Criminal Code of Canada. A charge may arise when a person communicates a statement that threatens serious harm. The law captures threats involving the killing or injuring of another person, the destruction or damage of property, or harm to an animal owned by someone else.
A threat does not need to be dramatic or explicit. Any spoken words, written messages, or electronic communications that convey an intention to cause serious harm can fall within the scope of the offence. For a conviction, the Crown must show that the accused intended their words to instill fear for someone’s safety or well-being.
Yes. A threat does not need to be delivered directly to the person who is the subject of it. If the accused communicates the threatening statement to someone else, the offence may still be complete. Courts have held that it does not matter whether the accused expected the message to be passed along or whether the intended target ever became aware of it.
Threats may be communicated in many forms, including face-to-face conversations, letters, emails, text messages, or social media posts.
To secure a conviction for uttering threats, the prosecution must prove each essential element beyond a reasonable doubt. This includes establishing that a threatening statement was made and that the content of the statement was capable of causing a reasonable person to fear for their safety or the safety of others.
The Crown must also show that the threat was aimed at a specific, identifiable person or group. In addition, intent is a critical issue. The prosecution must prove that the accused meant for the statement to create fear. If intent cannot be established, the charge may fail.
Finally, courts assess whether the threat would be taken seriously by a reasonable person in the same circumstances, considering the context in which the statement was made.
No. The reaction of the person who heard or received the statement is not determinative. Even if the recipient dismissed the comment or did not feel afraid, the focus remains on the mindset of the accused. If the statement was made with the intention of causing fear, the offence may still be made out.
The law does not require that the accused be capable of following through on the threat. Even statements describing impossible or unrealistic acts can qualify, provided the words were meant to intimidate or alarm. The key issue is intent, not feasibility.
Uttering threats is a serious criminal offence and carries significant potential consequences. If the Crown proceeds by indictment, the offence is punishable by up to five years in prison. If prosecuted summarily, the maximum penalty is up to 24 months of incarceration. Courts may also impose fines or probationary terms.
A conviction results in a criminal record, which can have long-lasting effects. These may include reduced employment prospects, limitations on travel, challenges with housing, and strain on personal and professional relationships. Even individuals with no prior record may face substantial consequences.
Each case turns on its own facts, and a careful review of the evidence is essential. Common defence strategies may involve demonstrating that the accused did not intend to cause fear, or that the statement was made in a moment of frustration, sarcasm, or exaggeration rather than as a genuine threat.
Other defences may focus on the surrounding context, arguing that the words were misunderstood or lacked the clarity required to meet the legal standard. In some cases, constitutional issues may arise, such as improper police conduct that could result in evidence being excluded.
