Why Uttering Threats Is a Serious Criminal Offence

In Canada, threatening another person—verbally, in writing, or electronically—can lead to criminal prosecution. Section 264.1 of the Criminal Code makes uttering threats a serious criminal offence, punishable by fines, imprisonment, or both.

Allegations of threatening death or bodily harm often arise from domestic disputes. These cases frequently include additional charges such as assault or mischief. Resolving them means accounting for the parties' circumstances, any ongoing family relationships, and the public interest. For more information on domestic assault cases, read here.

Our Defence Experience

The lawyers at Daniel Brown Law have defended utter threats charges across Ontario. We regularly appear in courthouses throughout the GTA, including Toronto, Brampton, Milton, Newmarket, and Oshawa.

Our firm is repeatedly recognized as one of the country's best criminal defence law firms—named among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, and ranked by Best Lawyers among the nation's leading criminal defence and appellate law firms.

We are one of only a handful of Canadian criminal defence firms honoured by The Globe and Mail as one of Canada's Best Law Firms for 2026, and we are frequent winners in the Toronto Star Readers' Choice Awards for Best Law Firm and Best Legal Services.

Daniel Brown, a certified criminal law specialist, brings extensive experience in defending these allegations. His expertise has made him a go-to legal commentator for Canadian media. Recently, the Toronto Star interviewed Daniel in connection with a high-profile case involving online threats:

• Toronto Star, Rehtaeh Parsons' father says he received online death threat

Our firm regularly defends clients accused of threatening death or bodily harm.

Why Legal Representation Matters

Uttering threats can result in imprisonment and a permanent criminal record. These outcomes affect employment, travel, and personal reputation. Anyone facing such charges should immediately seek legal advice from an experienced criminal defence lawyer.

Daniel Brown Law reviews the evidence, identifies possible defences, and fights to keep these charges off your record. Call us at (416) 297-7200 to arrange a consultation.

Frequently Asked Questions About Uttering Threats

What Is the Legal Definition of Uttering Threats?

Section 264.1 of the Criminal Code defines uttering threats broadly. A person may be charged if they utter, convey, or cause someone to receive a threat:

• To cause death or bodily harm to any person
• To damage property by burning, destroying, or vandalism
• To kill, poison, or injure an animal belonging to someone else

The law considers an utterance to be any spoken or written statement that conveys a threat. To secure a conviction, the Crown must prove that the accused intended the statement to cause another person to fear for their safety or the safety of others.

Can Indirect Threats Lead to Conviction?

Yes. The accused does not need to communicate the threat directly to the intended victim. The offence is complete if the accused makes the threat to a third party. Courts have ruled that it is irrelevant whether the accused expected the third party to pass along the message or whether the intended victim ever learned about it.

Threats can be made verbally, in writing, or through electronic communication such as email, text, or social media.

What Must the Crown Prove in Court?

To convict someone of uttering threats, the Crown must establish beyond a reasonable doubt that:

1. A threat was made. The statement—spoken, written, or electronic—conveyed a message that could cause a reasonable person to fear for safety.
2. The threat was directed to another person. It must target an identifiable individual, even if they were not present when it was made.
3. The accused intended to cause fear. The Crown must show intent to make the other person afraid. Lack of intent can serve as a defence.
4. The threat was credible. Courts assess whether a reasonable person in the same situation would have taken the threat seriously.

Does It Matter If the Recipient Didn't Take the Threat Seriously?

No. Courts focus on the intent of the person making the statement. Even if the recipient laughed it off or dismissed the words, the offence is established if the accused meant for the statement to cause fear.

What If the Threat Was Impossible to Carry Out?

Impossibility does not eliminate liability. For example, a statement such as "I'll throw you off the CN Tower" may still qualify as a threat. What matters is whether the words were intended to alarm or intimidate, not whether the accused had the ability to act on them.

What Are the Consequences of a Conviction?

Uttering threats carries severe legal penalties:

• By indictment: Maximum of five years' imprisonment
• By summary conviction: Maximum of 24 months' imprisonment

Fines may also accompany jail time. Beyond legal punishment, a conviction results in a criminal record, which can:

• Limit employment opportunities
• Restrict international travel
• Impact personal and professional relationships
• Create housing difficulties

Even for first-time offenders, the consequences can be devastating.

Possible Defences to Uttering Threats

Experienced defence lawyers examine the facts carefully to identify weaknesses in the Crown's case. Potential defences may include:

• Lack of intent: Showing the accused did not mean to cause fear
• Context: Demonstrating that words were spoken in jest, anger, or exaggeration without seriousness
• Ambiguity: Arguing that the alleged threat was too vague to meet the legal standard
• Charter violations: Excluding evidence obtained through unlawful police conduct

Our lawyers look for gaps in the Crown's evidence -- missing witnesses, inconsistent statements, or flawed forensic analysis. Because the facts vary so much from case to case, early legal advice matters.

How Daniel Brown Law Defends These Cases

How We Handle Your Case: Our Strategy

1. Review disclosure and evidence thoroughly, including digital communications
2. Submit Charter applications to challenge unlawful searches or seizures
3. Negotiate early with the Crown when possible, aiming for reduced charges or alternative resolutions
4. Prepare a robust defence, focusing on intent and context, for court if necessary

Related Practice Areas

Since criminal charges frequently overlap, consider these related issues:

• Domestic Assault: Often connected to uttering threats charges.
• Mischief: Sometimes combined with threats in domestic situations.
• Criminal Harassment: Related or overlapping conduct under criminal law.
• Bail Hearings: We handle bail hearings and detention reviews for all criminal charges.
• Criminal Appeals: Learn more about how you can appeal your conviction or sentence for uttering threats.

Focus on Long-Term Outcomes

Beyond avoiding jail, we work to protect your record, reputation, and future opportunities. In domestic-related cases, we push for resolutions that keep families intact without sacrificing your defence.

Contact Daniel Brown Law

Every uttering threats allegation involves unique circumstances. You should not face these charges without experienced legal representation.

Call Daniel Brown Law at (416) 297-7200 to schedule a confidential consultation.

Defending Dangerous Driving Charges in Toronto

Our lawyers have defended dangerous driving charges in all corners of the province and often appear in courts across the GTA in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.

Daniel Brown Law is recognized as one of Canadian Lawyer Magazine’s Top 10 Criminal Law Boutique Firms for 2018-19.

Our firm is often called upon by the media to comment on high-profile dangerous driving cases in the news. Recently, Daniel spoke to CTV News about a woman convicted of dangerous driving causing death.

In 2020, Daniel was voted the Toronto Star’s Readers’ Choice Diamond Award Winner in the category of Best Lawyer. Daniel Brown Law was also voted the 2020 Diamond Award Winner in the category of Best Legal Services.

The remainder of this article defines the criminal charge of dangerous driving, reviews possible defences, and summarizes the penalties associated with a dangerous driving conviction in Toronto, Ontario. If you are charged with dangerous driving you should contact Daniel Brown Law at (416) 297-7200 for immediate legal advice.

Frequently asked questions about dangerous driving:

• What is dangerous driving?
• How is dangerous driving determined?
• What standard is used to assess whether the vehicle was driven dangerously?
• How is the term “marked departure” defined?
• What if the dangerous driving was caused by a momentary loss of attention?
• How is the term “dangerous” defined by the court?
• Must the public actually be put in danger to ground a conviction for dangerous driving?
• Can speeding alone amount to dangerous driving?
• Can impairment by drugs or alcohol amount to a defence to dangerous driving?
• Can the involuntary consumption of drugs/alcohol amount to a defence to dangerous driving?
• What are other defences to dangerous driving?
• What are the penalties for dangerous driving?
• How can you appeal a conviction or sentence for dangerous driving?

What is dangerous driving?

Section  320.13 (1) of the Criminal Code of Canada reads that one commits the offence of dangerous driving by operating a conveyance (such as a motor vehicle, a vessel, an aircraft or railway equipment)  in a manner that, having regard to all of the circumstances, is dangerous to the public. These considerations including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic at the time is or might reasonably be expected to be at that place.

How is dangerous driving determined?

Determining whether someone has committed the offence of dangerous driving is done by looking at the manner in which a motor vehicle was operated as opposed to the consequences of the driving. A court cannot conclude from the consequences alone, including a death or a collision, that the vehicle must have been operated in a dangerous manner. The nature of the driving must be established independently from the consequences.

What standard is used to assess whether the vehicle was driven dangerously?

Dangerous driving is assessed by examining whether the accused's conduct, viewed objectively (using the standard of the "reasonable person"), amounted to a marked departure from the standard of care that a reasonable person would observe in the accused's circumstances. The prosecutor need not prove that the driver intended to drive dangerously. Rather, the court assesses the dangerous conduct against the standard expected of a reasonably prudent driver, regardless of the driver’s intention.

If the prosecutor can prove that the driving was a marked departure from how the reasonably prudent driver would have driven in the circumstances, the fault element of the offence will have been established.

How is the term “marked departure” defined?

The accused's conduct must amount to a marked departure from the standard of care that a reasonable person would observe in the accused's circumstances. A mere departure from the appropriate standard of care will not constitute a criminal offence for dangerous driving. The distinction between a marked departure and a mere departure from the norm is a matter of degree. Some departures from the requisite standard of care, while dangerous, may not be "marked" or "significant".

The lack of care in driving must be serious enough to merit punishment. It is only when there is a marked departure from the norm that objectively dangerous conduct demonstrates sufficient blameworthiness to warrant a criminal offence.

What if the dangerous driving was caused by a momentary loss of attention?

Although there may be exceptions, momentary inadvertence that occurs within a few seconds, while in the course of driving that is otherwise proper, is more suggestive of civil liability rather than the "marked departure" required for a criminal conviction. Therefore, most cases demonstrating only a momentary loss of attention will not be sufficient to ground a conviction for dangerous driving.

How is the term “dangerous” defined by the court?

The requirement that the vehicle be operated in a manner “dangerous” to the public involves driving that is perilous, hazardous or unsafe. The word “dangerous” is defined in Black’s Law Dictionary, 6th ed. to mean: “Attended with risk; perilous; hazardous; unsafe.”

Must the public actually be put in danger to ground a conviction for dangerous driving?

The prosecutor is not required to prove that a person was actually endangered by the accused's driving and a conviction may be entered if the accused's driving was dangerous to the public which might reasonably be expected to be present at the time of the impugned driving.

Can speeding alone amount to dangerous driving?

Excessive speed, depending on the context in which it occurs, can endanger the lives or safety of the public and amount to a marked departure from the standard of care of a prudent driver so as to support a conviction for dangerous driving.

The determination of liability based on evidence of excessive speed also has to take into consideration the speed at which other vehicles on the highway are driving, as well as the speed at which vehicles may be safely driven on the highway.

Consideration has to be given to the actual speed; the accused’s ability to maintain control over his or her vehicle, and the accused’s ability to reduce his or her speed to react to an unexpected occurrence or to avoid an accident.

Consideration also has to be given to, the nature of the roadway and place where the driving occurred, the distance over which the accused maintained the high speed, whether the accused was keeping a look-out compatible with operation of the vehicle at a high speed, and the entire driving pattern.

Can impairment by drugs or alcohol amount to a defence to dangerous driving?

It is not a defence to claim that the dangerous driving at the time of the offence was not voluntary or intentional by virtue of a person’s intentional drug or alcohol consumption. A person’s voluntary consumption of drugs and/or alcohol under circumstances in which he knew or ought to have known that his ability to drive might thereby be impaired is sufficient to support a conviction for dangerous driving.

** Related article: defending an impaired driving charge.**

Can the involuntary consumption of drugs/alcohol amount to a defence to dangerous driving?

Involuntary or unintentional consumption of drugs and/or alcohol, which lead a person to drive in a dangerous manner, may operate to negate the fault element for dangerous driving. For example, if a person operates a vehicle in a dangerous manner after becoming unknowingly drugged at a bar, they may be acquitted of the dangerous driving if they were unaware of the potential side effects the drugs had on their ability to drive.

What are other defences to dangerous driving?

Unexpected medical impairments such as seizures, hallucinations or black-outs may also provide a person charged with dangerous driving with a defence. However, if the medical impairment was caused as a result of the driver’s voluntary decision not to take medication for the pre-existing condition, his actions will not be excused by his medical conditions. The accused's guilt would be grounded on the historical awareness that, because of a diagnosed condition, the accused could be a danger to the public while driving.

What are the penalties for dangerous driving?

A person found guilty of dangerous driving may serve a maximum penalty of up to five years in jail. The penalty is increased to a maximum penalty of either 10 or 14 years depending on whether the person is found guilty of dangerous driving causing bodily harm or dangerous driving causing death.

Along with the potential of a significant period of incarceration, a person found guilty of dangerous driving will also lose their drivers license for a period of at least one year in Ontario. A Judge may also impose a Canada wide driving ban for anyone found guilty of dangerous driving.

How can you appeal a conviction or sentence for dangerous driving?

It is always possible to appeal a conviction or sentence for any charge including dangerous driving. To read more about the criminal appeal process read: Appealing a criminal conviction or sentence. In some instances it is also possible to suspend the driving prohibition in order to get back a drivers license pending the outcome of one's appeal.

Every case of dangerous driving is fact specific and needs to be assessed on an individual basis. Personal circumstances and the other circumstances surrounding the driving are important considerations. Please call Daniel Brown at (416) 297-7200 to arrange a consultation to discuss a dangerous driving charge or other criminal matter.

How To Appeal Your Provincial Offences Act Conviction or Sentence in Toronto, Ontario.

Are you looking to hire a lawyer to appeal your Provincial Offences Act conviction or sentence in Toronto, Ontario or elsewhere in the Greater Toronto Area? This article is intended to provide general information about appealing your conviction or the sentence you received.

Follow this link for information about the criminal appeal process if you are looking to appeal your criminal conviction or overturn your criminal sentence. If you would like to speak to one of the appeal lawyers at Daniel Brown Law to get legal advice about appealing your conviction or sentence for a provincial offence, call (416) 297-7200 to schedule a consultation. 

Frequently Asked Questions About Appealing a Provincial Offences Act Case:

• What Is a Provincial Offence?
• What Is a Provincial Offence Appeal?
• What Happens If I Win My Appeal?
• Can The Prosecutor Appeal a Provincial Offences Act Trial?
• Who Judges A Provincial Offences Act Appeal?
• Can I Avoid Serving My Jail Sentence If I File A Provincial Offence Appeal?
• What if I Was Convicted When I Missed My Court Date?
• Do I Have To Pay My Fine Before I Appeal?
• How Do I Start a Provincial Offences Appeal?
• Is There A Time Limit To File An Appeal?
• Can You Still File An Appeal After The Appeal Deadline Date?
• What Are The Costs To File An Appeal?
• Why Should I Hire An Appeal Lawyer To Help With My Appeal?

What Is a Provincial Offence?

Provincial offences are those offences created by the Government of Ontario to regulate the behaviour of individuals and businesses in the province. They include driving offences like stunt driving, driving while suspended and careless driving under the Highway Traffic Act, failing to comply with workplace safety standards under the Occupational Health and Safety Act, making a false claim for benefits under the Workplace Safety and Insurance Act, or failing to clean up a pollutant under the Environmental Protection Act. These are not criminal offences – criminal offences are contained in the Criminal Code and other laws passed by the Federal Government.

While provincial offences are not criminal offences, you will still be “prosecuted” for a provincial offence and can go to trial, be found guilty, and be sentenced. You can be given a fine, probation, and, in some cases, jail time. Much like a criminal case, you can also appeal a conviction or sentence under the Provincial Offences Act.

What Is a Provincial Offence Appeal?

If you have been found guilty of a provincial offence, you may want to appeal. An appeal is not a new trial. At an appeal, your lawyer has to explain to a judge how a legal or factual mistake was made at your trial or demonstrate why your trial was unfair (i.e.the “grounds of appeal”). You can appeal your conviction, the sentence you received, or both.

What Happens If I Win My Appeal?

If you win an appeal from your conviction, the appeal judge might reverse the trial decision (i.e.you might be acquitted) or the appeal judge might order a new trial in your case. If you win an appeal from your sentence, the appeal judge can impose a lower sentence.

Can The Prosecutor Appeal a Provincial Offences Act Trial?

The prosecutor can also file an appeal if you were acquitted of a provincial offence or they can appeal the sentence you received. If this happens, you will be required to defend the appeal.  If the prosecutor wins the appeal, the appeal judge can enter a conviction or order a new trial (if the prosecutor appealed your acquittal), or impose a higher or different sentence (if the prosecutor appealed your sentence).

Who Judges A Provincial Offences Act Appeal?

Who judges an appeal depends on who judged your trial. If your trial was before a Justice of the Peace, wearing a green sash and referred to as “Your Worship”, your appeal will be heard by a judge of the Ontario Court of Justice. If your trial was before a judge, wearing a red sash and referred to as “Your Honour”, your appeal will be heard by a judge of the Superior Court of Justice.

Can I Avoid Serving My Jail Sentence If I File A Provincial Offence Appeal?

If you are sentenced to jail time, you can ask a judge to pause your jail sentence and release you on bail while you are waiting for your appeal to be heard. In order to get bail pending your appeal, your lawyer must file an application demonstrating that there is some merit to the grounds of your appeal and also convince the appeal judge that serving your sentence right away is not necessary in the public interest.

What if I Was Convicted When I Missed My Court Date?

If your prosecution started with a ticket and you were convicted without attending your hearing, you can ask the court to strike your conviction and order a new trial. This is not an appeal – it is an opportunity to reopen your trial proceedings. However, the court will only let you reopen your case if you can show you were unable to go to your first trial through no fault of your own or that you did not receive notice of your trial date or another step in the proceeding. You only have 15 days from when you learn of your conviction to apply to have your conviction struck.

Do I Have To Pay My Fine Before I Appeal?

In most cases, in order to start the appeal process, you will first need to pay your fine. If you are unable to pay your fine before starting the appeal process, you can ask a judge for permission to start the process without paying the fine. If the judge agrees, you may need to enter into a “recognizance” – an agreement in which you pledge a certain amount of money and promise to follow certain conditions – to ensure you appear for your appeal. If you do not appear for your appeal, you will have to pay the amount pledged in the recognizance.

How Do I Start a Provincial Offences Appeal?

The first step in any appeal is to tell the court and the prosecutor’s office that you are appealing. This must be done by filing a notice of appeal. A notice of appeal is a form that you submit to the court that tells the court that you want to appeal and what the grounds of appeal are in your case.

Is There A Time Limit To File An Appeal?

In order to preserve your right to appeal, you must file the notice of appeal no later than 30 days after the day you are sentenced.

Can You Still File An Appeal After The Appeal Deadline Date?

If you do not file your notice of appeal on time, you have to ask a judge for an extension of time to appeal. A judge may allow your appeal to continue if you have a good reason for delaying your appeal. In some cases, a person or business may be found guilty without realizing they even had a trial date. The circumstances of the delay and the amount of time that has passed between the deadline date and the day the appeal notice was filed will be considered by the judge before they agree to extend the appeal deadline.

What Are The Costs To File An Appeal?

As explained above, in most cases you need to pay your fine before you will be allowed to file your notice of appeal. If you are unable to pay your fine, you will need to ask the court’s permission to file your notice of appeal without first paying your fine.

In some cases, you will also need to order the “trial transcripts”. Transcripts are a record of everything that was said as part of your trial. Whether transcripts must be ordered in your appeal depends on the type of offence you were convicted of.

The side starting the appeal must order and pay for the transcripts.

Why Should I Hire An Appeal Lawyer To Help With My Appeal?

There are many things a lawyer can do to help you appeal your conviction or sentence for a provincial offence and increase your chances of success:

• A lawyer can identify strong grounds of appeal.
• A lawyer can prepare the documents to start the appeal process including filing a “notice of appeal” to preserve your right to bring an appeal of your conviction and/or sentence.
• A lawyer can apply for you to be released from jail on bail while you wait for your appeal to be argued at your appeal hearing.
• A lawyer can bring an application to suspend any court orders against you arising from your conviction like a driving licence suspension or other probation order.
• A lawyer can represent you in your appeal at court, making the legal arguments on your behalf at the appeal hearing.

In most cases, a person will only be given one opportunity to appeal their case though there may be an opportunity to ask a higher appeal court to review the appeal judge’s decision in limited cases. It is therefore important to conduct your appeal properly the first time around. Having an experienced appeal lawyer assisting with filing documents with the court and arguing your appeal will almost certainly increase your chances for success.  Please call us at (416) 297-7200 for a consultation about appealing your conviction for a provincial offence or the sentence you received.

This article provides a brief summary of the law in relation to the offence of failing to stop or failing to remain at the scene of a traffic accident (section 320.16 of the Criminal Code). In most provinces, a provincial driving statute such as the Ontario Highway Traffic Act may also regulate the offence of failing to remain at the scene of an accident. This article does not consider the law with respect to those provincial traffic statutes. Failing to remain charges often arise alongside other driving offences such as impaired driving or dangerous driving. If you or someone you know has been criminally charged with failing to remain at the scene of an accident, contact a criminal lawyer. The lawyers at Daniel Brown Law can be reached for an immediate consultation at (416) 297-7200.

Frequently asked questions about failing to remain at the scene of an accident:

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The lawyers at Daniel Brown Law continue to closely monitor the COVID-19 situation. As always, our priority is the health and well-being of our firm members, clients, and community.

To do our part to reduce the risk of spreading COVID-19, effective Monday, March 16, 2020, and until further notice, our physical offices will be closed, barring emergencies. All lawyers will remain available but will be working remotely. We remain available to assist existing and new clients with their criminal matters. 

We understand that criminal charges can be particularly disruptive to our clients’ lives during this time. We are committed to serving you and will continue to operate at full capacity. Daniel Brown Law is pleased to offer both video and phone meetings and consultations. For existing and potential clients trying to reach a lawyer on his or her firm line, those calls will be automatically re-routed to each lawyer’s out-of-office location. We remain committed to providing high-quality, timely service to our clients. We also remain available for consultation with new clients. Do not hesitate to get in touch with us.

Court Updates:

To date, all courts have released a response plan regarding COVID-19-related closures. In short, almost all non-urgent matters originally scheduled to take place before the end of May including out-of-custody trial matters will be rescheduled.

For current clients, your lawyer will be in touch with you as soon as possible regarding the impact these court closures may have on your case.

For more information about court-specific closures, please see the websites below for the most up-to-date information:
Ontario Court of Justice
Superior Court of Justice
Court of Appeal for Ontario
Federal Court and Federal Court of Appeal

How to Defend Allegations of Publishing an Intimate Image Without Consent

Since 2015, publishing an intimate image of someone else without their permission is a crime in Canada. Section 162.1 of the Criminal Code captures all ways in which intimate images may be shared, including through physical delivery, social networking, email, or other means by publishing, distributing, transmitting, selling, making available or advertising an intimate image of another person knowing that the person depicted in the image did not give their consent to that conduct.

Allegations of publishing intimate images can have serious consequences, including criminal charges and the possibility of imprisonment.

The Criminal Code of Canada defines the offence of publishing an intimate image in section 162.1, which states that anyone who intentionally publishes an intimate image of another person without their consent can be charged with an offence. An intimate image is defined as any visual recording of a person who is nude, partially nude, or engaged in sexual activity, where the person depicted had a reasonable expectation of privacy at the time the image was taken.

Our lawyers have defended allegations of publishing or distributing an intimate image in all corners of the province and often appear in courts across the GTA in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.

Our firm is repeatedly recognized as one of the country's best criminal defence law firms — named among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, and ranked by Best Lawyers among the nation's leading criminal defence and appellate law firms. We are one of only a handful of Canadian criminal defence firms honoured by The Globe and Mail as one of Canada's Best Law Firms for 2026, and we are frequent winners in the Toronto Star Readers' Choice Awards for Best Law Firm and Best Legal Services.

Daniel Brown, Lead Counsel, is the author of Prosecuting and Defending Sexual Offence Cases, a widely cited textbook relied upon by judges, prosecutors, and defence lawyers across Canada. Designated as a certified criminal law specialist, Daniel has successfully defended clients facing intimate image charges across Ontario. Learn more about Daniel's text.

Frequently Asked Questions about Publishing An Intimate Image Without Consent:

What types of images will be considered intimate images?

Is the crime more serious when the person depicted in the intimate image is under 18 years of age?

What if the person depicted in the image was recorded while exposing themselves in public?

What types of images will be considered intimate images?

What defences are available for transmitting an intimate image without consent?

What types of sentences are available for transmitting an intimate image without consent?

What types of images will be considered intimate images?

An "intimate image" does not include photos that are simply embarrassing or unflattering. The term "intimate images" is intended to refer to images that relate to the core of a person's privacy interest. These images often depict explicit sexual activity or nudity or partial nudity that is captured on film or video consensually. An "intimate image" is defined as a visual recording of a person made by any means including a photographic, film or video recording, in which the person engaged in any of the following situations:

1. the person is nude
2. the person is exposing their genital organs, anal region or breasts
3. the person is engaged in explicit sexual activity

Is the crime more serious when the person depicted in the intimate image is under 18 years of age?

In cases where the intimate image depicts a person under the age of 18 engaged in explicit sexual activity or the dominant purpose of the recording is the depiction for a sexual purpose of that person's sexual organs or anal region, the image constitutes child pornography and is captured by the Criminal Code of Canada's child pornography provisions found in section 163.1.

What if the person depicted in the image was recorded while exposing themselves in public?

At the time of the recording, the person being recorded must be in circumstances that gave rise to a reasonable expectation of privacy before the person charged with publishing the image can be convicted of the crime.

What defences are available for transmitting an intimate image without consent?

If you are facing an allegation of publishing an intimate image, there are several potential defences that may be available. One possible defence is that you did not publish the image intentionally. If you can demonstrate that you did not intend to publish the image, you may be able to avoid a conviction under the Criminal Code.

Another possible defence is that you had the consent of the person depicted in the image. If the person in the image gave you explicit consent to publish the image, you may be able to avoid a conviction under the Criminal Code. However, it is important to note that consent must be freely given and cannot be obtained through coercion or deception.

A third possible defence is that the image was not intimate or private in nature. If the image in question does not meet the legal definition of an intimate image, you may be able to avoid a conviction under the Criminal Code.

A fourth possible defence is that the conduct that forms the subject matter of the charge serves the public good and does not extend beyond what serves the public good.

A person charged can also raise the issue that the image was inadvertently shared as opposed to intentionally published or dispute that they sent the intimate photo.

It is important to note that the burden of proof is on the prosecution to prove that you intentionally published an intimate image without the consent of the person depicted. If the prosecution cannot prove these elements beyond a reasonable doubt, you may be able to successfully defend against the allegation.

A criminal defence lawyer familiar with these cases can review the evidence and advise on the strongest available defence.

What types of sentences are available for publishing an intimate image without consent?

A conviction for publishing an intimate image in Canada can result in serious consequences. The Criminal Code of Canada classifies the offence as a hybrid offence, which means that it can be prosecuted as either an indictable offence or a summary offence, depending on the severity of the offence and the discretion of the prosecutor.

If convicted on indictment, the maximum penalty is five years in prison. If prosecuted by summary conviction, the maximum penalty is 2 years in jail, a fine of up to $5,000, or both.

In addition to the possibility of imprisonment and fines, a conviction for publishing an intimate image can also have a significant impact on a person's reputation, relationships, and future employment opportunities.

A conviction may also result in a criminal record, which can have long-lasting consequences, such as difficulty finding employment, travel restrictions, and loss of certain rights and privileges.

The consequences of a conviction can vary depending on the specific circumstances of the case, the nature of the offence, and other factors.

In addition to any other punishment or condition that may be imposed by the court, someone convicted of publishing an intimate image may also be subject to an order prohibiting them from using the Internet or other digital network for life.

Will a person convicted of publishing an intimate image without consent be placed on a sexual offender registry?

Publishing an intimate image without consent is not one of the many sexual offences that can trigger a sexual offender registry order.

Related Sexual Offences

• Sexual Assault: The most common sexual offence in the Criminal Code.
• Sexual Offender Registry: Learn about registration requirements and duration.
• Criminal Harassment: Often charged alongside intimate image allegations.
• Domestic Assault: Intimate image charges frequently arise in domestic contexts.
• Bail Hearings: We handle bail hearings and detention reviews for all criminal charges.
• Criminal Appeals: Learn more about appealing a conviction or sentence.

If you or someone you know is facing an allegation of publishing an intimate image, speak with a criminal defence lawyer as soon as possible.

Contact Daniel Brown Law at (416) 297-7200 for a confidential consultation.

Daniel Brown Law LLP, a Toronto-based law firm specializing in criminal trials and appeals, is looking for a full-time legal assistant.

Our legal assistant will be a valuable member of the team and work closely with the firm’s lawyers. Primary responsibilities will include: assisting with client intake; scheduling; processing payments and paying invoices; preparing and managing court filings; managing office supplies and equipment; and general file management for trial and appeal matters.

The ideal candidate is proactive, organized, and detail-oriented with strong communication and writing skills and the ability to effectively manage deadlines.

Proficiency in Microsoft Office and Adobe/PDF programs is required. Familiarity with the criminal court system, Legal Aid Online, and PCLaw is an asset.  We are looking for someone with 1-5 years of experience. Salary range will be $40,000-$45,000.

If you are interested in this position, please send a cover letter and resume to Colleen McKeown at [email protected] by June 25, 2021. While we appreciate the interest of all applicants, only those who are selected for an interview will be contacted.

Voyeurism Lawyers in Toronto

Understanding Voyeurism Charges in Canada

Parliament added voyeurism as an offence to the Criminal Code of Canada in 2005 to address how new technologies can enable secret sexualized observation and recording. A conviction can severely impact your reputation, employment, and personal life and may place you on Canada's Sexual Offender Registry for at least a decade—and in some cases for life.

If you face voyeurism charges in Toronto, Brampton, Newmarket, Oshawa, Milton, or elsewhere in Ontario, contact Daniel Brown Law for a confidential consultation with a criminal defence lawyer.

Why Choose Daniel Brown Law for a Voyeurism Defence?

Our firm is repeatedly recognized as one of the country's best criminal defence law firms—named among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, and ranked by Best Lawyers among the nation's leading criminal defence and appellate law firms.

We are one of only a handful of Canadian criminal defence firms honoured by The Globe and Mail as one of Canada's Best Law Firms for 2026, and we are frequent winners in the Toronto Star Readers' Choice Awards for Best Law Firm and Best Legal Services.

Daniel Brown, Lead Counsel at Daniel Brown Law, is a recognized expert in defending voyeurism charges. His widely cited textbook, Prosecuting and Defending Sexual Offence Cases, addresses voyeurism and other sexual offences and is relied upon by judges, prosecutors, and defence lawyers across Canada. Learn more about Daniel's text.

Designated as a certified criminal law specialist, Daniel has successfully defended clients in voyeurism cases across Ontario.

Frequently Asked Questions About Voyeurism

What Is Voyeurism?

The legal definition of voyeurism under section 162(1) of the Criminal Code is precise and goes far beyond the common understanding of the term. Voyeurism is defined as secretly observing or recording a person in circumstances where they have a reasonable expectation of privacy. For a conviction, the Crown prosecutor must prove three core components beyond a reasonable doubt.

1) Secret Observation or Recording

The act must be "surreptitious," which the courts have interpreted using its ordinary dictionary meaning. This means the Crown must prove the observation or recording was done secretly, without the other person's knowledge.

2) A Reasonable Expectation of Privacy

The person being observed must have been in a situation or place where they had a reasonable expectation of privacy. This is a critical element that depends heavily on the specific facts of the case.

3) The Circumstances of the Observation

Finally, the Crown must prove the observation or recording met one of three specific conditions:

• It was done for a sexual purpose.
• The person being observed was nude, exposing their genitals or breasts, or engaged in sexual activity.
• The person was in a place where they could reasonably be expected to be in a state of undress, such as a bedroom or shower stall.

It is also an offence to print, copy, publish, distribute, circulate, sell, advertise, or make available voyeuristic recordings when you know they were obtained illegally. "Recording" includes photographs, film, or video captured by any means.

For related information, see our page on sexual assault defence.

What Is Meant by a Secret Recording?

Courts interpret "secret" or "surreptitious" by its ordinary meaning. Examples include:

• A camera concealed in a stepdaughter's bedroom
• A hidden camera in a hotel shaving bag recording a 13-year-old girl showering
• A video device placed in an office washroom wastebasket aimed at the toilet
• A co-worker secretly photographing another at an office urinal
• A person in a parked car using a zoom lens to record a child being changed

In contrast, a judge has found that openly taking photos at a nude beach with an ordinary camera did not amount to surreptitious recording; the accused was acquitted in that case.

What Locations Create a Reasonable Expectation of Privacy?

Whether a person had a "reasonable expectation of privacy" is often the central issue in a voyeurism defence. This is not a simple question; it is a legal determination based on the totality of the circumstances.

Courts consider several key factors when making this assessment, including:

• The Location: A person's expectation of privacy is much higher in a private space like a bedroom or bathroom compared to a public location like a beach.
• The Use of Technology: The use of technology to enhance an observation (e.g., a hidden camera or telephoto lens) can create a privacy violation even in a seemingly public space.
• The Person's Attributes: The personal characteristics of the individual being observed, including their age, are relevant to the analysis.

Importantly, the law recognizes that a person can be in a place where they can be reasonably expected to be undressed, such as a changing room. In such a location, the legal requirement for a reasonable expectation of privacy can be met, even if the person was not actually undressed at the specific moment of observation.

Examples of locations where a reasonable expectation of privacy has been found include:

• A men's urinal while in use at the workplace
• The bathroom of a private home
• A women's shower area in a gym or pool facility
• An office washroom with a hidden camera positioned to capture private use

However, courts have ruled that locations such as nude-optional public beaches, high-school classrooms, or shared change rooms may not attract a reasonable expectation of privacy in certain circumstances.

Your Intent (and Their Perception) Both Matter

A voyeurism charge involves two distinct mental elements, known in law as mens rea. Both must be proven by the Crown.

The Intent to Observe in Secret

To secure a conviction, the Crown must prove the observation was deliberately concealed. It is not enough to prove the observation was merely intentional; the Crown must prove you specifically intended for it to be secret.

The Purpose of the Observation

When the "sexual purpose" of the observation is a key element of the charge, the court applies an objective test. The question is not what was subjectively in your mind at the time, but rather how a "reasonable observer" would perceive the act. A court will look at the recording or observation in its full context and ask whether it would be reasonably perceived as being for the purpose of sexual stimulation. This objective standard is a challenging legal hurdle and a critical area where an expert defence is essential.

What Defences Are Available to Voyeurism?

Several defences may apply:

• Public good: The observation served the public interest and did not extend beyond what was necessary.
• No surreptitious recording: The recording was not made secretly.
• No expectation of privacy: The complainant was in a location where privacy could not reasonably be expected.
• No sexual purpose: The content or context did not involve exposure of sexual organs or sexual activity and was not for sexual gratification.

Every case is fact-specific. An experienced Toronto criminal lawyer must review the evidence to build the best defence.

What Is the Sentence for Voyeurism?

A conviction for voyeurism carries severe and long-lasting penalties that can impact every area of your life.

Voyeurism is a "hybrid offence," which means the Crown can choose how to proceed. If they proceed by summary conviction, the maximum penalty is imprisonment for two years less one day. If they proceed by indictment, the maximum penalty is five years in prison.

There is no mandatory minimum sentence for voyeurism. Courts consider the seriousness of the offence, prior criminal record, and aggravating factors such as breaches of trust or use of hidden technology when arriving at a fit sentence.

Will a Person Convicted of Voyeurism Be Placed on the Sexual Offender Registry?

Yes. A voyeurism conviction triggers a hearing for inclusion on Canada's Sexual Offender Registry:

• Summary conviction: At least 10 years on the registry
• Indictable conviction: At least 20 years on the registry
• Multiple convictions: Lifetime registration

Learn more about Canada's Sexual Offender Registry.

Technology and Voyeurism

Smartphones, miniaturized cameras, and drones have increased voyeurism allegations. Courts treat recordings captured by new technology with the same seriousness as traditional surreptitious methods.

Collateral Consequences of a Conviction

Beyond imprisonment and registry placement, a conviction can impact:

• Employment opportunities
• Immigration status and admissibility
• International travel, particularly to the U.S.
• Personal and family relationships

Overlapping Offences

Voyeurism charges often appear alongside other allegations such as mischief, criminal harassment, or child pornography offences. Skilled defence requires addressing all charges together.

Charter Rights and Voyeurism Investigations

Police often seize electronic devices during voyeurism investigations. Defence counsel may challenge unlawful searches or seizures under the Canadian Charter of Rights and Freedoms, potentially excluding evidence.

What You Do Next Is Crucial for Your Defence

A voyeurism charge is serious, but it is also defensible. The initial steps you take after being arrested or learning of an investigation are absolutely critical to the outcome of your case.

Your Right to Remain Silent

You have the right to remain silent, and you must exercise it. Any communication you have with police while in custody—from a formal interview to casual small talk—can be considered a statement and used against you at trial. Politely but firmly asserting your right to silence is the single most important thing you can do to protect yourself.

Preserving Evidence

Your instinct may be to delete all past contact with the complainant, but this is a mistake. It is vital that you preserve all potential evidence, including voicemails, text messages, emails, and social media conversations. This digital evidence can be critical for building your defence and demonstrating the full context of the situation.

Defending a voyeurism charge demands deep knowledge of the law. Daniel Brown is a Certified Specialist in Criminal Law and the co-author of Prosecuting and Defending Sexual Offence Cases, the leading textbook used by judges, Crown prosecutors, and defence lawyers across Canada. That expertise directly informs every voyeurism defence the firm handles.

Your Voyeurism Defence Starts Now

A voyeurism charge is legally complex and carries life-altering consequences. An effective defence depends on the legal strategy set from the outset.

If you are facing a voyeurism charge, the time to act is now. Contact Daniel Brown Law for a confidential consultation.

Contact Daniel Brown Law

Every voyeurism allegation turns on its own facts and demands an early, informed defence.

Speak with an experienced Toronto voyeurism lawyer today. Call (416) 297-7200.