Utter Threats
In Canada, it is important to understand that threatening someone, whether it be verbally
or in writing, can result in serious consequences. In fact, uttering threats is considered a
criminal offence under section 264.1 of the Canadian Criminal Code, and can result in fines,
imprisonment, or both.
Quite often, allegations of uttering threats to cause bodily harm or death will arise out of
a domestic dispute and also include other types of criminal charges
including assault or mischief. In these types of cases, a special approach is required which
takes into account the future needs of the parties and the public interest in preserving
family harmony.
The definition of uttering threats is found in the Criminal Code at section 264.1. Generally
anyone can be charged with uttering a threat if they utter, convey or cause any person to
receive a threat:
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person Under Canadian law, an utterance is defined as a spoken or written statement that conveys a threat to another person. In order to be convicted of uttering threats, the Crown must prove that you intended to cause the other person to fear for their safety or the safety of others.
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person Under Canadian law, an utterance is defined as a spoken or written statement that conveys a threat to another person. In order to be convicted of uttering threats, the Crown must prove that you intended to cause the other person to fear for their safety or the safety of others.
The accused need not utter the threat directly to the intended victim to be found guilty.
The threat can be direct or indirect, and it can be made in any medium, including social
media, email, or text message. Furthermore, when the accused does not utter the threat
directly but rather threatens to harm the intended victim to a third person, it is not a valid
defence to argue that the accused did not intend that third person to communicate the
threat to the intended victim for the crime to be established. Indeed, it is not even
necessary for the intended victim to be aware of the threat in order to be found guilty of
the offence.
When defending against uttering threats charges, it is important to consider the context
in which the alleged threats were made. For example, if the threats were made during an
argument or in the heat of the moment, this may suggest that you did not have the
intention to cause fear. Alternatively, if the alleged threats were made in a more
calculated or premeditated manner, this may be more difficult to defend against.
In law, all that is required is that the person making the threat intended the threat to be
taken seriously. The fact that the person receiving the threat was not intimidated or
scared does not constitute a defense to the charge of uttering threats.
What are the consequences of an utter threats conviction?
If an individual is found guilty of an allegation of uttering threats in Canada, there can be serious legal consequences. Uttering threats is punishable by imprisonment, fines, or both. The maximum penalty for uttering threats is five years imprisonment if the Crown prosecutes the offence by way of indictment. However, if the Crown prosecutes the offence by way of summary conviction, the maximum penalty is 18 months imprisonment. Additionally, fines may be imposed on top of any imprisonment sentence.
If an individual is found guilty of an allegation of uttering threats in Canada, there can be serious legal consequences. Uttering threats is punishable by imprisonment, fines, or both. The maximum penalty for uttering threats is five years imprisonment if the Crown prosecutes the offence by way of indictment. However, if the Crown prosecutes the offence by way of summary conviction, the maximum penalty is 18 months imprisonment. Additionally, fines may be imposed on top of any imprisonment sentence.
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