What Constitutes Uttering Threats?
Under section 264.1 of the Criminal Code, a person commits an offence who, in any manner, knowingly utters, conveys, or causes any person to receive a threat:
- to cause death or bodily harm to any person
- to burn, destroy, or damage real or personal property
- to kill, poison, or injure an animal or bird that is the property of any person
The Crown must prove two things: (1) that the accused uttered words that constituted a threat, and (2) that the accused intended the words to be taken seriously — or was reckless as to whether they would be. The threat does not need to be directed at the complainant personally. A threat conveyed through a third party, or a threat directed at someone the complainant cares about, is sufficient.
Critically, the Crown does not need to prove that the accused intended to carry out the threat. The offence is about the communication itself, not the follow-through. This is a common misunderstanding — many people believe that a threat made in anger or frustration, with no intention of acting on it, cannot be criminal. That is incorrect.
Types of Threats Under Section 264.1
The Criminal Code distinguishes between two categories of threats based on their seriousness. The type of threat determines the maximum penalty and how the Crown and courts treat the case.
| Threat type | Criminal Code section | Max penalty (indictment) | Max penalty (summary) | Typical range |
|---|---|---|---|---|
| Death or bodily harm | s. 264.1(1)(a) | 5 years | 2 years less a day | Discharge to 12–18 months custody |
| Property damage or animal harm | s. 264.1(1)(b)–(c) | 2 years | 6 months | Discharge to suspended sentence |
Threats of Death or Bodily Harm
Threats to cause death or bodily harm are treated as the more serious category. These are hybrid offences — the Crown can proceed by indictment (maximum five years) or summary conviction (maximum two years less a day). Threats involving weapons, threats made in a domestic context, or threats against vulnerable persons are treated with particular seriousness at sentencing.
Threats to Property or Animals
Threats to burn, destroy, or damage property, or to kill, poison, or injure an animal, are treated as less serious. The maximum penalty on indictment is two years, and on summary conviction is six months. These charges are more commonly resolved without a criminal record — through diversion, a peace bond, or a conditional discharge.
Penalties and Sentencing for Uttering Threats
Sentencing for uttering threats depends on the nature of the threat, the context in which it was made, and the accused’s criminal history. The range of outcomes is broad:
- Peace bond — the charge is withdrawn after the accused agrees to keep the peace for 12 months. No criminal record.
- Conditional discharge — found guilty but not convicted. After completing probation conditions, no criminal record remains (removed from CPIC after 3 years).
- Suspended sentence with probation — convicted but no jail time. Probation conditions typically include no contact with the complainant, counselling, and community service.
- Conditional sentence (house arrest) — custody served in the community. Available for some uttering threats convictions where the maximum penalty does not exceed the threshold for conditional sentence eligibility.
- Imprisonment — reserved for threats involving weapons, repeated conduct, threats in the context of intimate partner violence, or threats causing significant fear in the complainant.
For first-time offenders who made threats in the heat of the moment — particularly verbal threats during a domestic argument — a peace bond or discharge is often achievable. For accused persons with a history of violence or breach of court orders, custodial sentences become more likely.
Common Defences to Uttering Threats
Uttering threats charges are frequently defended successfully. The most common defences include:
The Words Were Not a Threat
Not every angry, offensive, or intemperate statement constitutes a criminal threat. The words must be assessed in their full context — the relationship between the parties, the circumstances in which the words were spoken, and whether a reasonable person would view them as a genuine threat. Expressions of frustration, hyperbole, dark humour, or rhetorical statements may not meet the threshold. The Supreme Court of Canada held in R v. McRae, [2013] 3 SCR 931, that the analysis must consider all of the circumstances, including the words used, the person to whom they were directed, and the context.
No Intent to Intimidate
The Crown must prove that the accused intended the words to be taken seriously or was reckless about whether they would be. If the words were spoken in a context where no reasonable person would take them as a genuine threat — for example, obvious sarcasm, a joke between friends, or an exaggerated expression of anger — the mental element of the offence may not be made out. In R v. Clemente, 1994 CanLII 49 (SCC), the Supreme Court confirmed that the accused must have intended the words to intimidate or to be taken seriously.
The Words Were Never Uttered
In many uttering threats cases, the only evidence is the complainant’s testimony about what was said. If there are no independent witnesses, no recording, and no written communication, the defence may challenge whether the words were ever spoken at all. Credibility of the complainant becomes the central issue at trial.
Charter Violations
If the accused made a statement to police that is being used as evidence of the threat, the defence may challenge the admissibility of that statement under the Charter. If the accused was not informed of the right to counsel (section 10(b)), or if the statement was obtained through inducements or oppression, it may be excluded under section 24(2).
Is Uttering Threats a Criminal Offence in Canada?
Yes. Uttering threats is a standalone criminal offence under section 264.1 of the Criminal Code. It is distinct from assault (section 265), criminal harassment (section 264), and intimidation (section 423). A person can be charged with uttering threats even if no physical violence occurred and even if the threat was never carried out.
Many people are surprised to learn that words alone — without any physical act — can result in a criminal charge and a potential prison sentence. This is because the law recognizes that threats of violence cause real harm to the person who receives them, regardless of whether the threat is carried out. The offence protects the complainant’s sense of security and peace of mind.
First-Time Uttering Threats Charges
If this is your first criminal charge, the outcome is often significantly better than the maximum penalty suggests. For first-time offenders charged with uttering threats, the realistic range of outcomes includes:
- Peace bond — the most common resolution for first offenders, particularly in domestic situations. The charge is withdrawn after the accused agrees to keep the peace for 12 months with conditions (typically no contact with the complainant).
- Diversion — in some jurisdictions, the Crown may offer diversion for a first-time uttering threats charge. The accused completes conditions (counselling, community service, anger management) and the charge is withdrawn.
- Conditional discharge — if the matter proceeds to a guilty plea, a conditional discharge avoids a permanent criminal record.
The key for first-time offenders is early legal representation. An experienced criminal lawyer can negotiate with the Crown before the matter reaches trial, present mitigating factors (employment, family responsibilities, remorse, counselling already completed), and pursue the least restrictive outcome available.
Conditional Threats
A conditional threat — “if you do X, I will do Y” — can still constitute an offence under section 264.1. The law does not require the threat to be unconditional. However, the conditional nature of the statement is relevant to the analysis of whether the words constitute a genuine threat.
The context matters. A conditional statement made in the course of legitimate negotiation (“if you don’t pay the debt, I will take you to court”) is not a criminal threat. A conditional statement that involves violence (“if you talk to her again, I will kill you”) is. The line is drawn by whether a reasonable person, aware of all the circumstances, would consider the words to be a genuine threat of violence.
Uttering Threats in the Domestic Context
A significant number of uttering threats charges arise in the context of domestic relationships. Threats made against a current or former intimate partner are treated with particular seriousness by the Crown and the courts. The Crown may oppose bail, seek a no-contact order, and pursue a more aggressive sentencing position.
However, domestic uttering threats cases also present unique defence opportunities. The complainant may recant, may be motivated by a family court dispute, or may have made reciprocal threats. The credibility of the complainant is often the central issue. For more on how domestic charges are handled, see our guide on assault charges in Ontario.
How We Defend Uttering Threats Cases
The defence of uttering threats charges typically involves one or more of the following strategies:
- Contextual analysis — examining the full context in which the words were spoken to determine whether they constitute a genuine threat or an expression of frustration, anger, or hyperbole.
- Credibility assessment — testing the complainant’s account through cross-examination, prior inconsistent statements, and motive to fabricate.
- Charter applications — challenging the admissibility of police statements, wiretap evidence, or other evidence obtained in violation of the accused’s constitutional rights.
- Negotiation — pursuing a peace bond, diversion, or a reduction of the charge to avoid a criminal record or minimize the consequences.
In R v. N.L., a client charged with assault with a weapon, threatening death and possession of a weapon for a dangerous purpose was acquitted after a two day trial at 1000 Finch Court in Toronto. In R v. Z.S., a youth client charged with threaten death had the charge withdrawn in Oshawa.
What to Do If You Are Charged
If you have been charged with uttering threats, the most important step is to exercise your right to silence and contact a lawyer immediately. Do not discuss the allegations with police, do not contact the complainant, and do not make any statements on social media about the charge.
RH Criminal Defence defends violent offence charges across Ontario, including uttering threats, assault, and criminal harassment. Whether the goal is a peace bond (no criminal record), a withdrawal of the charge, or an acquittal at trial, early intervention by an experienced Toronto criminal lawyer makes a significant difference. Contact the office to discuss your case.