Uttering Threats
The offence of uttering threats is outlined at section 264.1(1) of the Criminal Code.
A person commits the offence of uttering threats when they utter, convey, or cause anyone to receive a threat:
- to cause death or physical injury to someone;
- to burn, destroy, or damage anyone’s property; or
- to kill, poison, or injure someone’s pet.
Examples
Person A tells person B that they will burn person B’s house down during a heated argument.
Person C slips a note under person D’s door that says they will poison person D’s dog if person D does not stop it from barking at night.
Person E tells person F that if person F does not stop dating his daughter, person E will kill person F.
Cases
R. v. Berhane, 2020 ONCJ 574
In R. v. Berhane, the accused was convicted of one count of uttering threats for threatening to chop his ex-wife up into little pieces and cause further bodily harm to her after a heated conversation outside their child’s school.
R. v. A.B., 2007 CanLII 344 (ON SC)
In R. v. A.B., the accused was convicted of one count of uttering threats for threatening to kill a vice-principal of his high school by “doing another Columbine” after being suspended by the vice-principal.
Offence Specific Defence(s)
No Threat
Where the person does not utter, convey, or cause someone to receive any threat they have not completed the offence of uttering threats. For example, where person A burns down person B’s house but never threatened anyone that they would do this beforehand, they may not have completed the offence of uttering threats. They have, however, committed the offence of arson.
More Legal Information
Law Newbie™ is a free legal assistant developed by our criminal lawyers to help you understand the law.
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.