Understanding Uttering Threats
Uttering threats is an offence under section 264.1 of the Criminal Code. A person may be charged if they are alleged to have knowingly communicated a threat to cause death or bodily harm to another person, damage property, or kill or injure another person's animal.
One of the most common misconceptions is that a person must actually intend to carry out the threat before committing an offence. That is not the law. Similarly, the prosecution is not required to prove that the recipient was actually frightened or believed the threat would be carried out. Instead, the central question is whether the communication amounted to a criminal threat when viewed in its full context.
Because these cases often depend on the meaning of spoken or written words, the surrounding circumstances are frequently important. Courts consider not only what was said, but also how it was communicated, the relationship between the parties, and the circumstances in which the communication occurred. A statement made during a heated argument may require a different assessment than the same words spoken in another context.
Every case turns on its own facts. The available evidence, the surrounding conversation, and the circumstances leading to the allegation all play an important role in determining whether the legal elements of the offence have been established.
What To Do If You Have Been Charged with Uttering Threats
Being charged with uttering threats does not mean you will be convicted. The steps you take immediately after an allegation can have a significant impact on your case. Whether the allegation arises from a domestic dispute, workplace conflict, neighbourhood disagreement, or electronic communication, obtaining legal advice early can help you understand the allegations and make informed decisions throughout the criminal process.
- Obtain Legal Advice Before Providing Detailed Statements
If you are contacted by the police or asked to participate in an interview, it is generally advisable to obtain legal advice before providing detailed explanations about the incident. Statements made during an investigation may later become evidence in criminal proceedings, and an explanation that appears reasonable at the time may later be interpreted differently when considered alongside other evidence.
- Preserve Relevant Communications
Uttering threats cases frequently depend on the surrounding conversation rather than a single statement. Text messages, emails, social media messages, voice recordings, call logs, and other communications may all become important in understanding what was said and the context in which it was communicated. Preserving this information as early as possible may assist in responding to the allegation.
- Avoid Contacting the Complainant
In many cases, there may be release conditions or court orders restricting communication with the complainant. Even where no such order exists, attempting to explain the situation, apologize, or persuade the complainant to withdraw the allegation may complicate the case and, in some circumstances, result in additional legal issues.
- Be Careful About Discussing the Allegation
Avoid discussing the allegations with witnesses or posting about the incident on social media. Communications made after the allegation may become part of the evidence and could affect the progress of the case.
- Seek Legal Advice Early
Early legal advice provides an opportunity to review the available evidence, understand the legal issues, consider possible resolutions, and develop a strategy based on the particular circumstances of the case.
Possible Resolutions of Uttering Threats Charges
Every case is different. The appropriate resolution depends on the available evidence, the nature of the allegation, the accused's background, and the surrounding circumstances. While some cases proceed to trial, many are resolved at an earlier stage.
- Withdrawal of Charges
The Crown prosecutor has an ongoing obligation to assess whether there is a reasonable prospect of conviction and whether continuing the prosecution is in the public interest. If that standard is no longer met, the Crown may withdraw the charge before trial.
A withdrawal may occur for a variety of reasons. For example, further evidence may become available, witnesses may provide additional information, or the surrounding circumstances may not support the allegation that a criminal threat was made.
- Diversion Programs
For some first-time offenders and less serious allegations, diversion may be an available resolution. Depending on the circumstances, an accused may be required to complete counselling, community service, educational programming, or other conditions. Where the program is successfully completed, the Crown may withdraw the charge.
Eligibility depends on the particular facts of the case and Crown policy. Diversion is not available in every matter.
- Peace Bonds
In some cases, uttering threats charges may be resolved through a peace bond under section 810 of the Criminal Code. A peace bond is not a criminal conviction and does not involve a finding of guilt. Instead, it requires a person to comply with specified conditions for a defined period, often including keeping the peace, being of good behaviour, or avoiding contact with certain individuals.
Where a peace bond is accepted by both the Crown and the accused, the criminal charge is generally withdrawn.
- Guilty Pleas and Negotiated Resolutions
Some cases may be resolved through discussions with the Crown prosecutor. Depending on the circumstances, this may involve resolving the matter through a guilty plea or another negotiated resolution. Any proposed resolution should be carefully evaluated in light of the available evidence and the potential consequences of a conviction.
- Trial
Where an appropriate resolution cannot be reached, the matter proceeds to trial. At trial, the Crown must prove every element of the offence beyond a reasonable doubt. Depending on the circumstances, the issues may include the meaning of the words used, the surrounding context, the credibility of witnesses, the reliability of electronic communications, and whether the accused intended the words to be taken seriously.
Key Issues in Uttering Threats Cases
Every uttering threats allegation is different. While the offence concerns words or other forms of communication, the outcome of a case often depends on the surrounding circumstances rather than the words alone. When assessing an uttering threats allegation, several legal and factual issues frequently arise.
- Did the Communication Amount to a Criminal Threat?
Not every angry, offensive, or emotionally charged statement amounts to a criminal offence. Courts consider the communication as a whole, including the words used and the circumstances in which they were communicated. In some cases, words that appear threatening in isolation may have a different meaning when viewed in context. In others, the surrounding circumstances may reinforce the seriousness of the communication.
- What Was the Context?
Context is often central to uttering threats cases. The relationship between the parties, the events leading up to the communication, previous conversations, and the manner in which the words were expressed may all assist in understanding their meaning. Messages exchanged during an ongoing conversation may require a different assessment than a statement made in isolation.
- What Do the Communications Actually Show?
Many modern prosecutions rely on electronic evidence such as text messages, emails, social media posts, voicemail recordings, or messaging applications. Reviewing the complete conversation, rather than isolated excerpts, is often essential to understanding what occurred. In some cases, the timing, sequence, or surrounding communications may provide important context that is not apparent from a single message.
- Was the Communication Intended to Be Taken Seriously?
One of the issues that may arise is whether the accused intended the communication to be taken seriously or to intimidate another person. This does not mean the Crown must prove that the accused intended to carry out the threat. Rather, the court considers the words used together with the surrounding circumstances in determining whether the necessary criminal intent has been established.
- Can the Crown Prove the Offence Beyond a Reasonable Doubt?
As in every criminal prosecution, the burden remains on the Crown to prove every element of the offence beyond a reasonable doubt. The available evidence, the credibility of witnesses, the surrounding circumstances, and the context of the communication may all become important issues when assessing whether the offence has been established.I
How Englobe Law LLP Can Assist You
Uttering threats and allegations often arise from emotionally charged situations in which only part of the conversation ultimately becomes the focus of a criminal investigation. Domestic disputes, workplace disagreements, neighbourhood conflicts, and communications through text messages or social media frequently involve exchanges that cannot be fairly understood by examining a single statement in isolation.
At Englobe Law LLP, we begin by carefully reviewing the complete factual background surrounding the allegation. Depending on the circumstances, this may include text messages, emails, social media communications, call records, witness statements, video recordings, police notes, and other relevant evidence. Our objective is to understand not only what was said, but also the context in which it was communicated and whether the available evidence supports the allegation.
We carefully assess the issues that commonly arise in uttering threats cases, including the meaning of the communication, the surrounding circumstances, the relationship between the parties, whether the communication was intended to be taken seriously, and whether the evidence establishes the legal elements of the offence.
Where appropriate, we also evaluate procedural and constitutional issues that may arise during the investigation, including the admissibility of statements, the collection of electronic evidence, disclosure obligations, and the manner in which the investigation was conducted.
Every client's circumstances are different. Some clients are concerned about the impact of a criminal charge on their employment, immigration status, professional licence, or family relationships. Others are navigating ongoing domestic disputes, workplace issues, or civil proceedings at the same time. We provide practical advice tailored to those circumstances and work closely with our clients to develop a strategy that reflects both the legal issues and their personal objectives.
Whether the goal is seeking a withdrawal of charges, negotiating an appropriate resolution, or preparing for trial, we are committed to providing thoughtful legal advice, careful preparation, and strategic advocacy at every stage of the criminal process.
Charged With Uttering Threats in Ontario?
- Protect your rights
- Get confidential legal advice
- Document the facts of your case
- Do not face the charges alone
Frequently Asked Questions
What is the offence of uttering threats?
Uttering threats is an offence under section 264.1 of the Criminal Code. It generally involves knowingly communicating a threat to cause death or bodily harm to another person, damage property, or kill or injure another person's animal. Whether a communication amounts to a criminal threat depends on the words used and the surrounding circumstances.
Can I be charged for a text message, email, or social media post?
Yes. A threat does not have to be made in person. Text messages, emails, social media posts, private messages, voicemail recordings, and other forms of electronic communication may all give rise to criminal charges where the legal requirements of the offence are met.
Do I have to intend to carry out the threat?
No. The prosecution is not required to prove that you intended to carry out the threat. Instead, one of the issues is whether the communication was intended to be taken seriously or to intimidate another person.
What if I made the statement during an argument?
Every case depends on its own facts. Statements made during heated arguments, domestic disputes, workplace conflicts, or emotional situations do not automatically amount to criminal threats. Courts consider the communication in its full context, including the surrounding conversation and the circumstances in which the words were spoken.
Does the other person have to be frightened?
No. The prosecution is not required to prove that the recipient was actually frightened or believed the threat would be carried out. The legal analysis focuses on the communication itself and the surrounding circumstances.
Can the complainant withdraw the charge?
No. Once criminal charges have been laid, the decision whether to continue or withdraw the prosecution belongs to the Crown prosecutor, not the complainant. Although the complainant's views may be relevant, they do not determine whether the case proceeds.
Will I receive a criminal record if I am convicted?
A conviction for uttering threats may result in a criminal record. A criminal record can affect employment opportunities, immigration status, professional licensing, travel, and other aspects of a person's future.
Can the charges for uttering threats be withdrawn?
Yes. Depending on the evidence and the circumstances of the case, charges may be withdrawn before trial. In other cases, the matter may be resolved through diversion where appropriate, a peace bond, a negotiated resolution, or a trial.
Can I go to jail for uttering threats?
The offence is prosecuted either by indictment or by summary conviction, depending on the circumstances. While imprisonment is a possible penalty, it is not the outcome in every case. The appropriate sentence depends on factors such as the nature of the allegation, the person's background, and the circumstances of the offence.
Should I contact the complainant to explain or apologize?
It is generally advisable to obtain legal advice before contacting the complainant. In many cases, there may be release conditions or court orders restricting communication. Even where no such conditions exist, attempting to resolve the matter directly may complicate the case.
What should I bring to my first consultation?
If available, it is helpful to bring any documents relating to the allegation, including your release documents, court paperwork, text messages, emails, social media communications, photographs, videos, witness information, or any other material that may assist in understanding the circumstances of the case.
This page provides general legal information only and does not constitute legal advice. A lawyer-client relationship is established only after a formal retainer agreement is signed.