Most uttering threats cases begin with about ten seconds of anger. Someone sends a late-night text to an ex. A contractor who has not been paid says something in a driveway. A dispute over a parking space at a Brampton plaza escalates and someone shouts what they will do next time. An hour later, the person who said it may not even mean it or remember the exact words. The person who heard it may have already called Peel Regional Police.
The charge sounds minor compared with assault, and nobody needs to be touched for it to apply. But it is a real criminal offence. It often comes with release conditions that can keep you away from your home, your kids or your workplace, and it can leave a lasting record.
This post explains the elements of the offence and the usual path of a case in Peel. It offers general information and should not be read as legal advice about what you said or what you should do next.
What Section 264.1 Actually Prohibits
Under section 264.1(1) of the Criminal Code, it is an offence to knowingly utter, convey or cause anyone to receive a threat:
- to cause death or bodily harm to any person
- to burn, destroy or damage real or personal property
- to kill, poison or injure an animal or bird that is someone’s property
Note how broad that wording is. “In any manner” covers speech, a phone message, a text, an email, a social media comment, a note left on a windshield, and potentially a gesture. “Any person” means that the threatened person need not be the one who hears it. Telling your coworker that you are going to hurt your manager can fit the offence, even if the manager never finds out.
The penalty depends on the type of threat. A threat of death or bodily harm is a hybrid offence, with a maximum of five years if the Crown proceeds by indictment, and up to two years less a day on summary conviction. A threat against property or an animal has a two-year maximum on indictment, and it is also punishable summarily.
The Two Questions a Court Asks
The Supreme Court of Canada set out the framework in R. v. McRae, a 2013 decision. The Crown must prove two things beyond a reasonable doubt.
Were the words a threat? This is an objective question. The court asks whether a reasonable person, aware of the circumstances, would see the words as a threat of death or bodily harm. The words are read in context, including the tone, the setting and the history between the people involved. The person who received the message need not have felt afraid. They need not even have known of it.
Did the accused mean them as a threat? This is about your actual state of mind. The Crown must show you intended the words to intimidate or be taken seriously. You do not need to have planned to follow through. Someone who has no intention of harming anyone, but who wants the other person to believe they might, can be guilty.
That second question is often where the real dispute lies. Being angry does not automatically establish the required intent, and neither does venting. If the evidence shows the words were an obvious joke, or a rhetorical outburst that nobody could take seriously, the Crown may not meet its burden. The reverse is also true. “I was only joking” will not help if the circumstances point the other way.
How Context Changes the Same Words
Picture three hypothetical situations in which someone says “I’ll kill you.”
A pair of brothers are playing video games at home and one says it after losing a match. Both laugh. The objective test would rarely be met here.
Two drivers are arguing after a fender-bender on Bovaird. One walks up to the other’s window, leans in and says it quietly. The words could easily be read as a threat, and the person’s conduct supports an intent to intimidate.
A man who has been told by his former partner to stop calling leaves that message on her voicemail at 2 a.m., following a string of angry calls. History and timing would be central. Police and the Crown are likely to treat this as a domestic violence case, with much firmer bail terms.
The words are the same in each, and the likely outcomes differ. That is why lawyers ask for the entire thread and not only the screenshot that was shown to police. A screenshot may leave out what came before.
Texts, Posts and Group Chats
Written threats are now perhaps the most common form of these charges. They come with one built-in problem for the defence: there is rarely a dispute about the words. The fight tends to focus instead on who sent them, what they meant, and what surrounded them.
Some things come up repeatedly:
- Authorship. A shared phone, a hacked account or a fake profile can be real issues, but the Crown can prove authorship with other evidence, such as the content or surrounding messages.
- Emojis and slang. Language between friends, cultural idioms and translated phrases can change the meaning. If the message was in Punjabi, Urdu, Hindi or another language, the accuracy of any translation may matter, and it is worth raising early.
- Posts aimed at nobody in particular. A public post can still be a threat. The law does not require it to be directed at a specific person, so long as an ascertainable group or person is targeted. Vague venting may be different, but this area is fact-specific.
- Sending messages through someone else. Asking a friend to “let him know what’s coming” may qualify as conveying a threat or causing someone to receive it.
If you are the person who sent the messages, resist the urge to delete them or send more to explain. Keep your phone as it is, and speak with a lawyer. If you are the recipient, keep the messages and take clear screenshots that show dates and sender details.
What Happens After the Complaint
Police can charge based on a complainant’s report and the messages they provide. People are often surprised to learn that the complainant does not “press charges” in Canada. The decision to lay a charge is made by the police, and the decision whether to continue is made by the Crown. A complainant who later wants it dropped can say so, but this does not control the outcome. This is especially true in domestic cases.
Most people are released by the police on an undertaking, or after a bail hearing at the Ontario Court of Justice at 7755 Hurontario Street. Conditions commonly include no contact with the complainant, staying away from a home or workplace, and sometimes giving up weapons and firearm licences. Read those conditions carefully, as breaking them is a separate offence and usually more serious for your bail status. If you share a home with the complainant, you may need somewhere else to live immediately. Bring your parenting arrangements to your lawyer’s attention at the same time, since conditions can have immediate effects on access to your children.
If a firearm is involved, or you hold a firearms licence, police may seize it as a precaution. Expect that question early on.
Defences Worth Looking At
There is no universal defence. Depending on the evidence, a lawyer may explore these points:
- The words were not a threat. They may have been a warning about legal action, a statement of what might happen, or an expression of frustration. A statement like “you’ll regret this, I’m calling my lawyer” is different from a promise of harm.
- No intent to intimidate or be taken seriously. This could be supported by the tone, the relationship, or what the accused did afterward.
- Identification and authorship. Could someone else have sent the message?
- Credibility. With verbal threats there may be only two witnesses and no recording. Inconsistencies, motive and bias can matter, especially where the parties are in a custody fight, a business dispute or a neighbour quarrel.
- Charter issues. A phone search without proper authority, or problems with your right to counsel, can affect what the Crown may rely on.
Provocation or being “really angry” is generally not a defence, although it can matter at sentencing. Self-defence likewise does not fit neatly: threatening someone back is not the same as physically protecting yourself.
Possible Outcomes Short of a Trial
Many cases end without a trial, in a range of ways. None can be assumed, and each depends on the Crown’s view, the evidence, and your background.
Withdrawal. The Crown may withdraw the charge if it no longer sees a reasonable prospect of conviction or finds it is not in the public interest to continue.
A peace bond. Under section 810, a person who has reasonable fears for their safety can ask a court to order someone to keep the peace. It is common for the Crown to withdraw a charge when the accused agrees to a peace bond, usually lasting up to 12 months, with conditions like no contact. A peace bond is not a conviction or a finding of guilt, although breaking one is a criminal offence, and it can still show up in some background checks.
Diversion or early resolution. In some matters, particularly with a first-time accused, the Crown may allow a person to complete counselling or anger-management programming with a view to withdrawing the charge. Domestic allegations in Ontario may be directed to a specific early intervention stream, with its own rules, usually involving a guilty plea, so get advice before agreeing.
A guilty plea. Sentences vary, and may include a discharge, probation, a fine or jail, depending on the threat, the person’s record and any harm caused. A discharge is legally possible because this offence has no minimum sentence and its maximum is well below the limit. In a serious case, or with a criminal history, custody is a real possibility.
A record for threats can complicate work that involves vulnerable people, security clearances and travel. Immigration is a particular concern. A hybrid offence is generally treated as indictable for immigration purposes, so a permanent resident or a person on a permit may face real problems, even after a seemingly light sentence. Your status should be the first thing you tell your lawyer.
A firearms prohibition may follow, either as a mandatory or discretionary order, depending on the circumstances. If a charge arises in a family context, it can also affect a parenting case, even if criminal proceedings end without a conviction.
If You Are Worried About a Threat Against You
If someone has threatened you and you fear for your safety, call 911 in an emergency, or report it to Peel Regional Police. Keep the original messages, write down what was said while it is fresh, and tell anyone who needs to know, such as your workplace or your children’s school. A peace bond application may also be possible where no charge has been laid.
If you have been charged, do not contact the complainant, and bring your release documents and the complete message history to your lawyer. You can learn more on our criminal law page and speak with the office about your options. Often a single sentence is what started this, and the way the case ends depends on careful work with what surrounds that sentence. A lawyer cannot change what was said, but can look at what the law actually requires the Crown to prove about it.