Uttering Threats

Being charged with uttering threats in Ontario can have serious legal and personal consequences. A conviction may result in a criminal record, probation, jail time, employment difficulties, immigration issues, and restrictions on travel. Even allegations alone can affect personal relationships and professional reputation.

Uttering threats is a criminal offence under section 264.1 of the Criminal Code and is commonly charged in situations involving domestic disputes, workplace conflicts, online communications, neighbour disagreements, road rage incidents, or heated arguments. Many people are surprised to learn that a person does not need to physically harm anyone to face criminal charges. In some cases, words, messages, emails, texts, or gestures alone may be enough for police to lay an uttering threats charge.

WHAT IS AN UTTERING THREATS CHARGE?

Uttering threats is governed by section 264.1 of the Criminal Code. The law makes it a criminal offence to knowingly threaten to cause death or bodily harm to another person, to damage property, or to kill, poison, or injure an animal or bird. It is not a necessary element of the offence that the intended victim of the threat be aware of the threat. “Threat” includes a conditional threat. A paralegal can act only in relation to threats to property or an animal under section 264.1(1)(b) or (c), but not in relation to threats to a person to cause death or bodily harm under section 264.1(1)(a).

Not every angry statement amounts to a criminal offence. Courts examine whether a reasonable person would interpret the words as a serious threat, therefore, context matters significantly. Many uttering threats cases arise from emotional situations where a person speaks impulsively or in anger. However, the courts recognize that some statements are exaggerated expressions of frustration, some comments are jokes or sarcasm, and some words lack genuine threatening intent. The issue is whether the statement would objectively be understood as a real threat in the circumstances. Because context is critical, legal representation can make a major difference in the outcome of the case. Statements made jokingly, sarcastically, or without serious intent may not satisfy the legal test as set out in R. v. McRae, 2013 SCC 68.

WHAT ARE THE POTENTIAL CONSEQUENCES IF CONVICTED FOR UTTERING THREATS?

Uttering threats is considered a hybrid offence under the Criminal Code. This means the Crown may proceed either by way of summary conviction or indictment. The potential penalties depend on the seriousness of the allegations, the accused’s criminal history, whether violence was involved, the nature of the threat, and other surrounding circumstances. If the Crown chooses to proceed by way of summary conviction, the maximum sentence may be up to 2 years less a day of jailtime. If proceeding by indictment, the maximum sentence may be up to 5 years imprisonment. It is important to note that a paralegal can only act once the Crown chooses to proceed by way of summary conviction.

A conviction for uttering threats may also have further collateral consequences such as immigration complications, travel restrictions, proceedings within family court, and consequences for employment such as professional licensing or security clearances..

WHAT THE CROWN HAS TO PROVE

To obtain a conviction for uttering threats, the Crown must prove the essential elements of the offence beyond a reasonable doubt. The Crown won’t be able to obtain a conviction if a reasonable person doesn’t perceive the words as a threat. Generally, the Crown must prove:

1. A threat was made
2. The accused knowingly made or conveyed the threat
3. The words or conduct would reasonably be understood as a threat
4. The accused intended the words to be taken seriously

The Crown does not necessarily have to prove that the accused intended to carry out the threat, that the complainant was actually afraid, or that physical violence occurred. The courts often consider the exact wording used, the surrounding circumstances, the relationship between the parties, the tone and context, whether the threat appeared genuine, and prior history between the individuals.

HOW TO DEFEND AGAINST UTTERING THREATS CHARGES?

While every case is unique, there are several legal defences which may apply depending on the facts. Some of these include:

1. The Words Were Not a Genuine Threat: The defence may argue that the words were exaggerated, the statement was sarcastic or a joke, or that no reasonable person would objectively interpret the words as serious threats.
2. Lack of Intent: The Crown must prove the accused knowingly intended the words to be taken seriously. This defence may challenge the intent, context, or interpretation of the statement.
3. Identity Issues: In online or electronic communications cases, identity may be disputed. Questions may arise about who sent the message, whether accounts were hacked, whether messages were altered. In other instances, an alibi may also help remove you from the time of the crime and create reasonable doubt that it was you who committed it.
4. Credibility and Reliability: Many uttering threats cases depend heavily on witness testimony. This defence may challenge the inconsistencies in statements, motive to fabricate allegations, reliability of recollection, or missing evidence.
5. Charter Violations: It may be the circumstance where police violated constitutional rights under the Canadian Charter of Rights and Freedoms. Potential issues include unlawful detention, improper searches, violations of the right to counsel, improper police questioning. In some cases, some or all evidence may be excluded under s. 24(2) of the Charter.

WHAT TO DO IF CHARGED WITH UTTERING THREATS?

If you are facing an uttering threats allegation in Ontario:

• Seek Legal Representation Quickly: Early legal advice can help protect your rights, review your disclosure, identify weaknesses in the Crown’s case, and explore resolution options.
• Do Not Contact the Complainant: Even if you want to explain your side, contacting the complainant may breach release conditions or worsen the situation.
• Preserve Evidence: Keep text messages, emails, social media communications, call logs, and witness information. This evidence may assist your defence
• Follow Release Conditions: Carefully comply with all bail conditions, no-contact orders, court orders. Breaching conditions can lead to additional criminal charges.

FREQUENTLY ASKED QUESTIONS

Can I go to jail if convicted for uttering threats?

Yes, it is possible. Even though no physical violence may occur, courts treat threats seriously because of the fear and intimidation they can cause. A jail sentence is more likely if there is a criminal history of similar behaviour, if the threat impacted a community as opposed to an individual, if the threat was targeted towards a vulnerable party with an adverse effect, and if the threats were repeated over a lengthy period of time.

Can I be charged with uttering threats for a text message?

Yes. Threats communicated through text, email, or social media may result in criminal charges.

Does the complainant have to be afraid?

Not necessarily. The Crown focuses on whether the statement would reasonably be understood as a threat.

Can the charges be dropped if the complainant changes their mind?

Not automatically. The Crown decides whether to continue the prosecution.

Will I get a criminal record?

A conviction may result in a criminal record. However, some cases resolve through alternative measures such as peace bonds or discharges.

HOW WE CAN HELP

If you have been charged with uttering threats in Ontario, obtaining legal advice as early as possible can make a significant difference in your case. Understanding your rights, the strength of the evidence, and the available legal options is essential when facing criminal allegations. Paralegals in Ontario are able to represent you before the Ontario Court of Justice if you are charged with uttering threats under s. 264.1(b) or (c) of the Criminal Code and the Crown elects to proceed summarily. Until the Crown elects to proceed by way of summary conviction, a hybrid offence is deemed to be indictable (Interpretation Act, s. 34(1)(a)). If you are accused of any other form of uttering threats or the Crown is proceeding by way of indictment, you need to seek the advice of a licensed lawyer.

It is important to understand that the available defences are unique dependent on your specific case. Glass Gavel Law has the experience to review your case and work with you to put forward the best possible defence for your case. We will review the circumstances of your case, explain the court process, and work toward the best possible resolution. Contact Us or call 1-833-344-2835 for a free 30 minute consultation today.