Uttering threats is one of the most common violent offences police report in Canada. Only common assault comes up more often.
Some of these charges start with something small. An angry text. A comment shouted during an argument. A post written in frustration and deleted ten minutes later. Once it lands in a police report, the exact words, how they were said, and who heard them start to matter a great deal.
Below, we explain what the law says, what the Crown must prove, the penalties, the defences that come up in these cases, and what to expect as your case moves through court.
What Counts as Uttering Threats in Canada?
Uttering threats is a criminal offence under section 264.1 of the Criminal Code. You commit it if you knowingly utter, convey or cause someone to receive a threat to:
- cause death or bodily harm to any person
- burn, destroy or damage real or personal property
- kill, poison or injure an animal or bird that belongs to someone
The law says a threat can be made “in any manner”. Spoken words, letters, texts, emails, voicemails and social media posts can all qualify. Whether a gesture without words is enough depends on the facts.
Bodily harm isn’t limited to physical injury. Courts have held that a threat to cause serious psychological harm can also qualify.
Uttering threats is a hybrid offence. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment. That choice sets the maximum sentence, which we cover in the penalties section below.
What the Crown Has to Prove
The burden sits with the Crown. It has to prove each of these points beyond a reasonable doubt:
- When and where the alleged threat happened, and that you are the person who made it
- That the words, message or gesture threatened death, bodily harm, property damage or harm to an animal
- That you meant the words to intimidate or to be taken seriously
Point 3 matters more than people expect. Saying something hostile isn’t enough on its own. The Crown must prove what you meant.
Courts judge whether the words amount to a threat objectively. The question is how a reasonable person, knowing all the circumstances, would understand them. How the person on the receiving end felt matters, but it doesn’t decide the case. A complainant who wasn’t frightened doesn’t automatically mean acquittal. A frightened complainant doesn’t prove the charge either.
A few other rules surprise people:
- The Crown doesn’t need to prove you planned to carry out the threat, or that you even could
- The person you allegedly threatened doesn’t need to know about it
- If the threat reached the target through someone else, it still counts, and the Crown doesn’t have to prove you wanted that person to pass it on
What Courts Look At
Context matters. A judge will weigh:
- the exact words and the tone
- your demeanour when you said them
- how the message was delivered
- your relationship and history with the other person
- what prompted the statement
- how the recipient reacted
How Context Changes the Meaning
Say you can’t stand a co-worker named Sarah. One afternoon you vent to Mark, who isn’t a fan either. You tell him you’ve had enough and want to “get rid of her”. You add that you’re thinking of taking matters into your own hands. A third colleague overhears, takes it the wrong way and calls the police.
When the police ask, you explain that you meant you were going to report Sarah to HR and hoped she’d be fired. “Taking matters into your own hands” meant filing the complaint. Sarah never heard anything about it.
Was it a threat? Out of context, the overheard comments sound bad. In context, they describe a workplace complaint. That gap between how words sound and what they actually meant is exactly what a defence lawyer will look at closely.
Examples of Statements That May Be Treated as Threats
- “I’m going to burn your car.” A direct threat to damage property, covered by section 264.1(1)(b).
- “You won’t live to see Friday.” A threat of death, if a reasonable person would take it seriously in context.
- “Touch my dog again, and you’ll regret it.” Ambiguous. It could mean violence or a complaint, so the surrounding facts matter.
- “Pay me back or I’m taking you to small claims court.” A threat of lawful action. This isn’t a criminal threat.
- An obvious joke between friends who both laughed. Banter that no reasonable person would take seriously may not meet the legal test.
These are illustrations only. Every case turns on its own facts.
Threats Made Online, by Text or on Social Media
You can be charged with uttering threats for something you posted, messaged or emailed. A threat doesn’t need to be said face to face. Because section 264.1 covers threats made “in any manner”, the offence is the same whether you typed the words or spoke them.
Digital threats leave a trail. Screenshots, message logs, call records, and account data can all become evidence. Police can apply for court orders requiring phone companies and platforms to hand over records showing who sent a message. Deleting a post doesn’t undo it if someone already captured it.
Online cases raise their own defence questions too. Who actually controlled the account? Is the screenshot complete? Does the message read differently once you see the whole conversation? Those details matter.
A pattern of repeated messages can also lead to related charges, including criminal harassment.
Penalties and Consequences of an Uttering Threats Conviction
The maximum sentence depends on what was threatened and how the Crown proceeds.
| What was threatened | Maximum by indictment | Maximum on summary conviction |
| Death or bodily harm to a person | 5 years in prison | 2 years less a day, a fine of up to $5,000, or both |
| Damage to property, or harm to an animal or bird | 2 years in prison | 2 years less a day, a fine of up to $5,000, or both |
Some older sources still list an 18-month maximum for summary conviction. That changed in 2019, when Parliament raised the general summary conviction maximum to two years less a day.
The maximum is a ceiling, not a starting point. A judge sets the sentence based on the nature of the threat, any aggravating or mitigating factors and your record. Outcomes range from an absolute or conditional discharge, which avoids a conviction, through to probation, a fine, a conditional sentence or jail. Jail is possible even for a first offence. A threat against an intimate partner or family member counts as an aggravating factor at sentencing.
A conviction for a violent offence creates a criminal record, and the fallout reaches well past the courtroom.
- Travel. Charge information goes into CPIC, the RCMP-run national police database that US border officials can see. A charge alone can cause problems at the border.
- Immigration. If you’re not a Canadian citizen, a charge or conviction can affect applications for permanent residence, work permits, and citizenship.
- Work and housing. Background checks can surface the record and affect job offers, professional licences and rental applications.
Defences to an Uttering Threats Charge
The right defence depends on the evidence in your case. Here are some that may apply.
The Words Don’t Amount to a Threat
The core question is whether a reasonable person, fully aware of the circumstances, would see the words as a threat. If not, there’s no offence.
Ambiguous language matters here. Take “I’ll get you.” Said on its own, it could mean violence. It could just as easily mean getting even through a complaint or a lawsuit; when words have another plausible meaning, that can raise a reasonable doubt.
You Didn’t Intend to Be Taken Seriously
Uttering threats requires a specific intent. Obvious exaggeration, a joke, or venting that nobody was meant to take literally may not meet the offence’s mental element. The court considers the full context, not just the words.
You Didn’t Make the Statement
Sometimes the problem is identity. A witness misheard who spoke. The phone was shared. Someone else accessed the account. If the Crown can’t prove you said or sent the threat, the charge fails.
The Complainant’s Account Doesn’t Hold Up
When a case rests on one person’s word, your lawyer can test the complainant’s reliability, truthfulness and motive. A separation, a custody fight or a workplace dispute can all give someone a reason to exaggerate. Pay close attention to earlier statements to police and text messages that contradict the complainant’s version.
Intoxication
Being drunk or high isn’t a defence on its own. In limited cases, evidence of heavy intoxication may raise doubt about whether you meant the words to be taken seriously, which the Crown has to prove. It can also come up at sentencing. This area is technical, so get advice before relying on it.
Your Charter Rights Were Breached
Police have to follow the rules. An unlawful search of your phone, an improper arrest, or failing to tell you about your right to a lawyer can all lead to an application to exclude evidence. If the court excludes key evidence, the Crown’s case can fall apart.
How an Uttering Threats Case Moves Through Court
If you’re released after being charged, the court may set conditions. These can include a no-contact order with the complainant, and in domestic cases, that order can keep you out of your own home until the conditions change.
How long a case takes depends on the number of witnesses, the amount of evidence and the court’s schedule. Under section 11(b) of the Charter, you have the right to be tried within a reasonable time.
Not every case goes to trial. Possible resolutions include:
- Withdrawal. The Crown drops the charge.
- Peace bond. The charge is withdrawn if you agree to keep the peace and follow set conditions for a fixed period. There’s no guilty plea and no criminal record. Read more about peace bonds.
- Diversion. You complete conditions like counselling or community service, and the Crown withdraws the charge without a record.
- Stay of proceedings. The prosecution is halted.
Which of these is available depends on the facts and the Crown’s discretion. If none apply, the case goes to trial.
Getting Legal Help With an Uttering Threats Charge
Being charged with uttering threats is stressful, and the first few weeks can shape the rest of the case. A criminal defence lawyer can explain the charge, review the Crown’s evidence, look for weaknesses, negotiate with the Crown, apply to change your release conditions and represent you at trial if it comes to that.
When choosing a lawyer, make sure they’re licensed by the Law Society of Ontario and have real experience in criminal court. The Law Society’s referral service can help if you’re starting from scratch.
Pyzer Criminal Lawyers has defended criminal charges in Toronto and across Ontario since 2002. The Law Society of Ontario licenses every lawyer at the firm. We’ll give you an honest assessment of your case and work toward the best possible outcome. Learn more about how our uttering threats lawyers in Toronto handle these charges. If the threat charge comes with an assault allegation, our assault lawyers can defend both.
Our office is at 1396 Eglinton Avenue West in Toronto, and we represent clients across the GTA and Ontario, including Mississauga, Brampton, Scarborough, Oshawa, Newmarket, Barrie and Hamilton. See all service areas.
Book a free, confidential consultation or call (416) 658-1818. We’re available 24/7.
Frequently Asked Questions
Is it a crime to threaten someone in Canada?
Yes. Threatening to kill or hurt someone, damage their property or harm their animal is a criminal offence under section 264.1 of the Criminal Code. Police can arrest someone based on a threat alone, and the charge can also be laid alongside others, including assault or criminal harassment. The penalty depends on what was threatened, whether the Crown proceeds summarily or by indictment, and any aggravating factors.
What is the penalty for uttering death threats in Ontario?
A threat to cause death falls under section 264.1(1)(a). If the Crown proceeds by indictment, the maximum is five years in prison. On summary conviction, the maximum is two years less a day, a fine of up to $5,000, or both. The Crown has to prove you knowingly made the threat and meant it to be taken seriously. It doesn’t matter whether the target knew about it or whether you could have carried it out. The actual sentence depends on the nature of the threat, aggravating or mitigating factors and your criminal history.
How serious is an uttering threats charge in Ontario?
Very. A conviction can lead to jail, even for a first offence. Threats of death or bodily harm carry up to five years on indictment. Threats against property or animals carry up to two years. A conviction also leaves a criminal record for a violent offence, which can affect travel, immigration and employment. If the threat is alleged against a spouse or partner, the case is treated as domestic violence, with stricter release conditions and a tougher view at sentencing. Our domestic assault lawyers handle these cases. Getting advice early from experienced criminal defence lawyers is worth it.
What’s the difference between uttering threats and a death threat?
A death threat isn’t a separate offence. It’s one form of uttering threats under section 264.1(1)(a), alongside threats of bodily harm. Uttering threats is the broader offence, and it also covers threats to property and animals. A death threat carries the same penalties as a threat of bodily harm.
What does the Criminal Code of Canada say about uttering threats?
Section 264.1 makes it an offence to knowingly utter, convey or cause anyone to receive a threat to cause death or bodily harm, to damage property, or to harm an animal or bird belonging to someone. The intended target doesn’t need to know about the threat. The Crown has to prove the offence beyond a reasonable doubt.
Can you be charged with uttering threats while drunk?
Yes. Being intoxicated doesn’t stop police from laying the charge, and it isn’t an automatic defence. In some cases, evidence that you were heavily intoxicated may raise doubt about whether you meant the words to be taken seriously, which the Crown has to prove. Whether that argument works depends on the facts.
Can you threaten someone legally?
Some statements sound like threats but aren’t criminal, because they don’t threaten death, bodily harm, property damage or harm to an animal. Telling someone you’ll sue them, report them to their employer or walk away from a deal isn’t uttering threats. Be careful, though. A lawful-sounding threat used to pressure someone for money can amount to extortion, and repeated threats can become criminal harassment. If you’re unsure, get legal advice before you say it.
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
