Uttering Threats
Criminal Defence
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Uttering Threats
Threats are a serious crime in Canada. It is a criminal offense to make threats or to encourage someone else to commit a crime. It is also a criminal offense to threaten to cause death or bodily harm to another person.
The Canadian Criminal Code establishes a range of possible punishments for those convicted of uttering threats. Depending on the seriousness of the offense, the punishment may range from a fine to up to five years in prison.
In addition to criminal charges, those accused of uttering threats may also be subject to civil rights claims. These claims may include damages for physical injury, emotional distress, and economic loss.
The seriousness of uttering threats can vary depending on the context. In some cases, a court may view the threat as an attempted crime or an act of recklessness. In other cases, a court may see the threat as a way of intimidating another person.
The consequences of being convicted of uttering threats can be severe. Those convicted may be required to pay fines, serve jail time, and receive a criminal record. It is important to note that a criminal record can have a significant impact on one’s future.
It is important to understand the seriousness of uttering threats and the potential consequences of doing so in Canada. It is also important to recognize the impact that such a crime can have on an individual’s life. If you are facing charges of uttering threats, it is important to speak to an experienced criminal defence lawyer as soon as possible.
Uttering Threats in Canada
Let me start by saying that we know you're in a tough spot, and we're not going to pretend that this is an easy situation to deal with.
If you've been charged with uttering threats, it can feel like the walls are closing in on you. It's normal to feel scared and alone. But there are people who can help—people who know what it takes to beat these charges. Let us introduce someone: Damian Cordaie, who is a criminal defence paralegal at Cordaie Paralegal Services. You can call or email him anytime for advice, but first let's talk about your case.
What exactly did the police charge you with? If it was uttering threats, then the Crown will have to prove that:
1) You made a threat;
2) You intended for that threat to be taken seriously by someone else; and
3) That person took your threat seriously.
Is there anything else you need to know?
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Uttering Threats
Some information that you should know about uttering threats.
Uttering Threats Does Not Always Constitute a Criminal Offence
Criminal Code of Canada section 264.1 outlines what constitutes criminal behaviour when uttering threats. Basically, the threat must cause alarm or put a person in fear of extortion, death or bodily harm, damage to real or personal property, or injury or death to an animal they own. For threats to be criminal, they must be intentional, i.e., uttered with the intent of intimidation. A reasonable person must perceive the words as threats in order to secure a conviction.
Section 264.1 of the Criminal Code states,
"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."
Getting Your Uttering Threats Charges Dropped
A pre-trial resolution or sentencing option may help you avoid a criminal record if you have been charged with uttering threats. If you sign a peace bond and are assisted by our team, the Crown prosecutor may withdraw your charges. We can also approach the Crown prosecutor and ask them to join your application for a conditional or an absolute discharge if a peace bond or diversion is not a suitable solution.
The court can discharge you instead of convicting you if you plead guilty to the offence and make submissions to have you discharged rather than convicted. You will be required to comply with specified conditions if you are granted a discharge, such as keeping the peace and being of good behaviour, not possessing weapons or drinking alcohol, seeking counselling, and staying away from the victim for a certain period of time.
Third-Party Threats
It is still possible to be charged with uttering threats if the threat is "conveyed" rather than voiced directly to the recipient through a third party. A defendant can't claim that they didn't intend the third party to convey the threat to the recipient. The court can still convict the initiator even if the recipient is unaware of the threat.
Threat Was Not Taken Seriously
A person commits an offence if they intend to intimidate or cause fear, not if the recipient reacts in the same way.
Threat Doesn't Need to Be Plausible
The intent behind the words is more important than whether the threat can be carried out realistically. It may not be possible or plausible for someone to say "I'll send you right to the moon", but if it can be proven that the threat was knowingly made against another individual, they may still be guilty.
The judge or jury will ask "Was the threat meant to provoke fear or alarm?" and if this can be proven, a guilty verdict may be handed down.
Uttering Threats: Possible Defences
The Crown must prove beyond a reasonable doubt both the actus reus and the mens rea of an offence of uttering threats. Words must be viewed objectively, and they should be interpreted as a reasonable person would. The Crown won't be able to obtain a conviction if a reasonable person doesn't perceive the words as a threat.
Would Not Seem Threatening to a Reasonable Person in the Circumstances
- The Crown must prove beyond a reasonable doubt both the actus reus and the mens rea of an offence of uttering threats. The meaning attributed to the words must be that which a reasonable person would attribute to them if viewed objectively. The Crown will not be able to secure a conviction if a reasonable person does not see the words as a threat.
Having No Intention to Do So
- Mens rea of an uttering threats offence is to demonstrate that the accused did not intend for the words to be taken seriously or to alarm the recipient. Intoxicated or mentally impaired individuals can negate this.
Unclear Language
- A plausible alternative meaning to the words used can be used as a defence against a charge of uttering threats. It may not necessarily be a threat when ambiguous phrases or remarks are interpreted in multiple ways. You may be able to defend yourself against uttering threat charges if you can demonstrate an alternative meaning for the words used.
Identity
- If you are charged with uttering threats, you may raise an identity defence. A corroborating piece of evidence, such as an alibi, can help remove you from the time of the crime or create reasonable doubt that it was you who committed it.
Complainant's Credibility
- Some complainants may be dishonest about what occurred in some cases. For estimating the actual sequence of events, the court will have to draw inferences or rely on the testimony of the parties.
Charter Defences
- Several rights and freedoms are outlined in the Charter, and if your rights are violated by the police, you may be able to protect yourself. A violation of any of these rights may give you the right to exclude some or all of the evidence under section 24(2) of the Charter.
What You Need to Do to Get Your Charges Dropped
You may be eligible for a diversion program or peace bond if you have been charged with assault. You must accept responsibility for your actions and complete a probation officer-designed program. The Crown will withdraw the charges against you if it receives proof that you have completed the program. In exchange for a peace bond, you must stay away from the victim's residence or workplace for one year, report to probation and attend court, and maintain good behaviour. The likelihood of being admitted to the Alternative Measures Program (AMP) or receiving a peace bond is reduced if you have been charged with assault with a weapon.
Obtaining a favourable resolution from the Crown requires anger management counselling or volunteering in the community immediately following an offence. Writing apology letters, enrolling in counselling, or doing other activities that show you are motivated to rehabilitate yourself, may suggest that you may be a good candidate for AMP or a peace bond. Due to the serious nature of aggravated assault charges, you are not eligible for a diversion program.
Avoid a Criminal Record With a Discharge
To avoid a criminal record with a discharge, we can try to persuade the prosecutor to join them in an application for a discharge. A discharge is a sentencing option that will allow you to avoid a criminal record after you have pled guilty to the offence, and if successfully obtained, you will be immediately and permanently discharged from the offence.
Other Sentencing Options
When facing a conviction for assault, it is important to consider other sentencing options such as peace bonds, diversion, or discharge. If the evidence against you is strong, it may be beneficial to reach a pre-trial agreement with the Crown and enter an early guilty plea. If you are likely facing jail time, it is also beneficial to negotiate a proposed sentence with the Crown prior to trial. Some potential sentences that may be more desirable than a period of incarceration include a fine and probation, allowing you to serve your time in prison intermittently, or allowing you to avoid prison with a suspended sentence.
Penalties Associated With Uttering Threats
When sentencing a conviction for uttering threats, the judge will consider the severity of the threat made as well as the person to whom it was made. Aggravating features of the offence may include uttering death threats against a domestic partner or if other charges are pending against the accused. A person with no criminal background may escape with a non-permanent criminal record, while someone found guilty of making serious threats and with a criminal past may face jail time along with potentially significant fines.
Long-term consequences include a permanent criminal record, difficulty finding employment, immigration status, travel to the US, and loss of reputation/social stigma.
Section 264.1(1)(a) Uttering Threats to Cause Death or Bodily Harm
- Under section 264.1(1)(a) of the Criminal Code, uttering threats to cause death or bodily harm can result in up to 5 years in prison, or up to 2 years less a day in prison and/or a $5,000. fine. Also available to the Crown are a discharge, suspended sentence, fine alone, fine and probation, prison, prison and probation, intermittent sentence, fine, probation and intermittent sentence, and conditional sentence.
Section 264.1(1)(b) or (c) Uttering Threats to Damage Property or Harm an Animal
- You can face up to two years in jail and/or a $5,000.00 fine if convicted under section 264.1(1)(b) or (c) of the Criminal Code. A sentence of up to two years less a day imprisonment or a fine could be imposed if the Crown elects to proceed summarily. Also available are discharges, suspended sentences, fines alone, fines and probation, prisons, prisons and probation, intermittent sentences, fines, probation, and conditional sentences.
We Will Help You Reduce the Consequences
Before your case goes to trial, we strive to get it dismissed. A discharge will be sought if this is not possible. You can reduce the negative effects of a conviction by admitting responsibility, signing a peace bond, making charitable donations, writing an apology letter, paying restitution, and enrolling in anger management classes. With our team negotiating on your behalf and familiar with the criminal justice system, your case can have a better outcome.
Frequently Asked Questions
Here are answers to some common questions.