Uttering threats is a serious criminal offence and can potentially attract imprisonment upon conviction. The legal definition of uttering threat is delineated below:
What is the definition of a threat?
The definition of uttering threats is given in section 264.1 of the Criminal Code. Anyone can be charged with uttering a threat if they utter, convey or cause any person to receive a threat:
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person
A threat can be any words, written messages, or actions that threaten bodily harm, death, or damage to real or personal property or any injury or death to any animal belonging to that individual. This can include something conditional on the person doing something or omitting to do something.
Therefore, a person does not have to actually verbalize a threat to be convicted of this offence. For instance, making a throat slashing gesture, depending on the circumstances, can be perceived as uttering a threat.
Also, a conditional threat, such as if the intended victim did not comply with certain demands made by the accused, then the victim would suffer harm, could also constitute a threat.
Can the threat be made indirectly?
Yes, one can be charged for uttering threat when the threat was conveyed through a third party. The accused person cannot raise a defence by arguing that he had not intended that 3rd party to communicate the threat to the intended individual. In addition, whether the intended individual received the threat or not is irrelevant.
What is required to establish a threat in law?
The prosecutor must prove that the accused knowingly made the threat and that he/she intended the threat to be taken seriously.
What if the recipient of the threat did not take the threat seriously?
In law, all that is required is that the person making the threat intended the threat to be taken seriously. The fact that the person receiving the threat was not intimidated or scared does not constitute a defense to the charge of uttering threats. It is not necessary for the victim to actually feel intimidated or actually take the words seriously. The reaction only is relevant to understanding the accused’s intention in making the utterance
What if the threat was impossible to carry out?
Even in a situation where the accused makes a threat he could not carry out i.e.: ” I will drop you from the top of the C.N. Tower”, he may still be found guilty of the offence. The central focus for the judge in deciding whether or not a threat was made will be on the maker’s intention when the words were uttered (was it meant to be taken seriously so as to produce a reaction of alarm or fear in the mind of the recipient) – not on the present ability to carry out the threat.
What are the consequences of an utter threat conviction?
The maximum penalty for offences involving utterance of threats can range from 18 months to 5 years.
For any individuals, the effect of a threatening bodily harm conviction on their reputation, employment and freedom can be tremendous.
It is important to remember that every allegation of uttering threats is a fact specific inquiry. Consulting a lawyer will assist you with identifying potential defences to this type of allegation. Call Jake Shen at 647-390-1131 to arrange a consultation about your case.
From：Jake shen