Uttering Threats in Ontario:

Uttering Threats and Violent Offence Charges in Ontario

Uttering threats is one of several offences that fall within the broader category of assault and violent offences in Ontario.  Depending on the allegations, related charges may include assault, simple assault, domestic assault, assault causing bodily harm, assault with a weapon, aggravated assault, criminal harassment, robbery, and forcible confinement.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of these related offences, visit the Assault & Violent Offences page.

Important Things to Know About Uttering Threats Charges

• Uttering threats does not always require physical contact.
• The allegation may involve spoken words, written messages, online messages, or other forms of communication.
• The Crown prosecutor must prove that the words or conduct meet the legal definition of a threat.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record, probation, no-contact conditions, weapons prohibitions, fines, or imprisonment.
• Context is often important in uttering threats cases.
• Possible defences may involve intent, meaning, context, identity, credibility, or lack of proof.

What Is Uttering Threats?

Uttering threats is a criminal offence under the Criminal Code of Canada.  It generally involves knowingly uttering, conveying, or causing another person to receive a threat.

The threat may involve death or bodily harm, damage to property, or harm to an animal that belongs to another person.

The court may consider the words used, the context, the relationship between the people involved, the surrounding circumstances, and whether the Crown can prove the required intent.

Criminal Code Section

Uttering threats is addressed under section 264.1 of the Criminal Code of Canada.

• Section 264.1(1)(a) – threats to cause death or bodily harm
• Section 264.1(1)(b) – threats to burn, destroy, or damage property
• Section 264.1(1)(c) – threats to kill, poison, or injure an animal or bird that is the property of another person

Uttering threats is a hybrid offence.  The Crown prosecutor may proceed by summary conviction or by indictment depending on the facts of the case.

What Must The Crown Prove?

In every uttering threats case, the Crown prosecutor, sometimes called "the Crown," must prove the charge beyond a reasonable doubt.

The Crown generally must prove:

• The accused person made, conveyed, or caused another person to receive the alleged threat
• The words, message, gesture, or communication amounted to a threat under the Criminal Code
• The threat involved death, bodily harm, property damage, or harm to an animal
• The accused person knowingly made or conveyed the threat
• The accused person intended the words or communication to be taken seriously, or was reckless about that possibility
• No legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Uttering Threats Allegations

Uttering threats charges may arise from many different situations, including:

• Arguments between spouses, partners, or former partners
• Family disputes
• Neighbour disputes
• Workplace conflicts
• Text messages or social media messages
• Phone calls or voicemail messages
• Emails or written notes
• Statements made during heated arguments
• School, college, or university incidents
• Disputes involving property, pets, or personal belongings

The meaning of the words and the surrounding context often become important issues in the case.

Possible Penalties

The possible penalties depend on the nature of the threat, the circumstances of the case, the accused person's history, the Crown's position, and whether the Crown proceeds by summary conviction or indictment.

• Criminal record
• Probation
• No-contact conditions
• Non-attendance conditions
• Weapons prohibitions
• Fines
• Counselling or treatment requirements
• Community service
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Imprisonment in some circumstances

Even where there was no physical contact, an uttering threats conviction can have serious consequences.

Uttering Threats and No-Contact Conditions

Uttering threats charges often involve no-contact conditions, especially where the alleged threat involved a complainant known to the accused person.

A no-contact condition may prohibit phone calls, text messages, emails, social media messages, in-person contact, or contact through another person.

These conditions must be followed carefully unless they are changed by the court.  Breaching conditions can lead to new criminal charges.

Context and Meaning of the Alleged Threat

Context is often important in uttering threats cases.  The court may consider the actual words used, the tone, the surrounding conversation, the relationship between the parties, previous interactions, and whether the words were intended or understood as a serious threat.

A statement made in anger, frustration, sarcasm, exaggeration, or poor judgment may still be investigated, but the Crown must prove that the legal requirements of the offence are met.

Possible Legal Defences

A defence depends on the specific facts and evidence in the case.  Not every defence applies to every situation.

Possible issues may include:

• The accused person did not make the alleged threat
• The words or communication were misunderstood
• The words did not amount to a threat under the Criminal Code
• The accused person did not intend the words to be taken seriously
• The accused person lacked the required intent
• The evidence does not prove the charge beyond a reasonable doubt
• The complainant's evidence is unreliable or inconsistent
• The allegation is mistaken, incomplete, or exaggerated
• There are problems proving identity, authorship, or context
• Police may have breached Charter rights
• There may be issues involving searches, seizures, detention, arrest, or statements

The defence strategy depends on the words alleged, the evidence, the context, disclosure, and the accused person's circumstances.

Court Process for Uttering Threats Charges

Many uttering threats cases involve:

1. Police investigation or arrest
2. Charge being laid
3. Release from custody or bail process, where required
4. Release conditions, including possible no-contact terms
5. First court appearance
6. Review of disclosure
7. Review of messages, recordings, witness statements, or communication records
8. Resolution discussions
9. Judicial pre-trial or Crown pre-trial, where required
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Uttering Threats Charges Should Be Taken Seriously

An uttering threats charge can affect more than the immediate court case.  It may affect your criminal record, employment, family circumstances, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the words or communication alleged, following release conditions, and obtaining legal advice early can help you understand the options that may be available.

Every case depends on the specific words, evidence, context, relationship between the parties, and surrounding circumstances.

Related Assault & Violent Offence Charges

• Assault – unwanted physical contact, attempted force, or threatening conduct
• Simple Assault – assault allegations that do not involve a weapon, bodily harm, or aggravated injury
• Domestic Assault – assault allegations involving spouses, partners, former partners, or family members
• Assault Causing Bodily Harm – allegations involving injuries that interfere with health or comfort
• Assault with a Weapon – allegations involving the use or threat of a weapon
• Aggravated Assault – allegations involving serious injury or danger to life
• Criminal Harassment – repeated conduct that causes another person to fear for their safety
• Robbery – theft-related allegations involving violence, threats, or force

Additional information about these offences can be found on the Assault & Violent Offences page.

Frequently Asked Questions About Uttering Threats Charges

Does uttering threats require physical contact?

No.  Uttering threats does not require physical contact or injury.  The allegation may be based on words, messages, gestures, or other communications.

Can a text message lead to an uttering threats charge?

Yes.  Text messages, emails, social media messages, voicemail messages, or written communications may form part of an uttering threats allegation.

What if I was angry but did not mean it?

Intent and context may be important issues.  The Crown must prove the legal requirements of the offence beyond a reasonable doubt.

Will I get a criminal record?

A conviction may result in a criminal record.  The outcome depends on the facts, the evidence, the resolution, and the sentence imposed.

Can an uttering threats charge be withdrawn?

In some circumstances, charges may be withdrawn if the evidence does not support prosecution or if another resolution is appropriate.  Every case is different.

Can I contact the complainant?

If a no-contact condition or court order prohibits contact, you must follow it.  Contacting the complainant directly or indirectly may lead to new criminal charges.

Can uttering threats affect employment?

A charge or conviction may affect employment, licensing, background checks, security clearance, or future opportunities depending on the circumstances.

Can uttering threats affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, screenshots, text messages, emails, voicemail records, social media records, witness information, and any documents connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common assault and violent offence allegations in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Uttering threats charges may involve spoken words, written messages, online messages, gestures, or other communications.
• The charge does not require physical contact or injury.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Context, meaning, intent, identity, and reliability of the evidence often become important issues.
• A conviction may result in a criminal record, no-contact conditions, weapons prohibitions, immigration consequences, and other penalties.
• Possible defences depend on the words alleged, the context, disclosure, and available evidence.
• Uttering threats is part of a broader group of assault and violent offence charges in Ontario.

Conclusion

Uttering threats is a serious criminal charge because it involves allegations that a person knowingly made or conveyed a threat involving death, bodily harm, property damage, or harm to an animal.  Even without physical contact, the charge can lead to court conditions, no-contact terms, a criminal record, and other consequences.

Because the meaning and seriousness of the alleged words often depend on context, careful review of disclosure is important.  Messages, recordings, witness statements, screenshots, tone, relationship history, and surrounding circumstances may all affect how the case is assessed.

Understanding the allegation, complying with release conditions, reviewing the evidence, and considering available defence strategies can help a person make informed decisions throughout the criminal court process.