Uttering threats is a criminal offence in Canada that involves threatening to cause harm to a person, their property, or their animals.

Uttering Threats: Criminal Code Definition

Uttering threats is defined under Section 264.1 of the Criminal Code.

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes 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.

Elements of the Offence

To prove uttering threats, the Crown must establish:

  • The identity of the accused.
  • The date and location of the incident.
  • That there was a threat to cause death or bodily harm, damage property, or harm animals.
  • That the complainant reasonably perceived the threat as serious.

Potential Penalties for Uttering Threats

Penalties for uttering threats can vary:

  • Summary Conviction: Up to 18 months in prison and/or a fine.
  • Indictable Offence: Up to 5 years in prison for threats against a person, and up to 2 years for threats against property or animals.

Defences Available for Uttering Threats

Possible defences include:

  • Lack of intent
  • Mistaken identity
  • Fabrication or false accusation
  • Contextual interpretation of the words

Speak to an Assault Lawyer Today

A skilled criminal lawyer can provide essential guidance, challenge evidence, and develop a robust defence strategy. They ensure your rights are protected and work towards the best possible outcome for your case. Call (306) 994-8323 to receive a free consultation with a criminal lawyer.

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