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:
- A threat was made. The statement—spoken, written, or electronic—conveyed a message that could cause a reasonable person to fear for safety.
- The threat was directed to another person. It must target an identifiable individual, even if they were not present when it was made.
- 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.
- 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
- Review disclosure and evidence thoroughly, including digital communications
- Submit Charter applications to challenge unlawful searches or seizures
- Negotiate early with the Crown when possible, aiming for reduced charges or alternative resolutions
- 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.
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