Uttering threats in Ontario is a criminal offence under section 264.1 of the Criminal Code, and it covers more than most people expect: a text message, a social media comment or words said in the middle of an argument can all lead to a charge. Below we explain what the Crown has to prove, the penalties you could face, how these cases are defended and what to expect after a charge.
What Counts as Uttering Threats in Ontario?
Under section 264.1 of the Criminal Code, a person commits an offence if they 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; or
- to kill, poison or injure an animal or bird that belongs to someone.
The Code says the threat can be made “in any manner.” That includes words spoken in person or over the phone, voicemails, texts, emails, direct messages, comments and posts.
Does the threat have to be made directly to the person?
No. A threat about someone can be made to a third person, such as a friend, co-worker or family member. In R. v. McRae, 2013 SCC 68, the Supreme Court of Canada confirmed that the threat does not have to reach the person it is about, and that person does not have to feel intimidated.
Can a text message or social media post be uttering threats?
Yes. Because a threat can be conveyed in any manner, messages and posts are treated the same way as spoken words. In practice, many uttering threats cases in Ontario now start with a screenshot.
What the Crown Must Prove
To convict, the Crown must prove two things beyond a reasonable doubt.
- The words were a threat. This is judged objectively. The question is whether a reasonable person who knew the circumstances would see the words as a threat of death, bodily harm, property damage or harm to an animal. The words are read in context, not in isolation.
- The intent. The accused must have meant the words to intimidate or to be taken seriously. The Supreme Court set out this test in R. v. Clemente, [1994] 2 SCR 758, and applied it again in McRae.
Is it still a crime if you never meant to carry it out?
It can be. The Crown does not have to prove that you planned to act on the words. What matters is whether you intended them to intimidate or to be taken seriously.
What if it was a joke or said in anger?
Context matters. Words that a reasonable person would understand as an obvious joke, a figure of speech or exaggeration may not meet the legal test. Anger on its own is not a defence, though. A statement made in a heated moment can still be a threat if it was meant to be taken seriously.
Penalties for Uttering Threats in Ontario
Uttering threats is a hybrid offence, which means the Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment. The maximum penalties are:
| Type of threat | By indictment | By summary conviction |
|---|---|---|
| Death or bodily harm to a person | Up to 5 years in jail | Up to 2 years less a day and/or a fine of up to $5,000 |
| Property damage or harm to an animal | Up to 2 years in jail | Up to 2 years less a day and/or a fine of up to $5,000 |
The summary conviction maximums come from the general penalty in section 787 of the Criminal Code. These are maximums, and most sentences are far lower. There is no mandatory minimum sentence for uttering threats. That means a conditional or absolute discharge is available in suitable cases, so a guilty finding does not always end in a criminal conviction.
Can you lose the right to own firearms?
Yes. When a person is convicted or discharged of an offence involving a threat of violence, the court must consider a weapons prohibition order under section 110. If the threat was against a current or former intimate partner or their family and the Crown proceeds by indictment, the prohibition is mandatory under section 109. This matters to hunters, sport shooters and anyone whose job involves firearms.
Is a threat against a partner treated more seriously?
Generally, yes. Under section 718.2 of the Criminal Code, abusing an intimate partner or family member is an aggravating factor at sentencing. These cases are often handled in Ontario’s domestic violence courts, and release conditions tend to be strict. If the charge arose at home, see our page on domestic assault defence.
What Happens After an Uttering Threats Charge?
Most people charged with uttering threats are released, either by police or after a bail hearing. Release almost always comes with conditions, commonly:
- no contact with the complainant, directly or through anyone else;
- staying away from certain addresses, such as a home or workplace;
- not possessing weapons and surrendering any firearms or licences.
If a condition makes it impossible to live, work or care for your children, it can sometimes be changed. Our guide to bail variation in Ontario explains how.
The case then moves through the usual steps: your first court appearance, disclosure of the Crown’s evidence, then a Crown pre-trial and possibly a judicial pre-trial before any trial date is set.
Can the complainant drop the charges?
No. In Ontario, the Crown decides whether a criminal charge continues. The complainant’s wishes are considered, but they do not control the outcome. Contacting the complainant to ask them to “drop it” can also breach your release conditions.
Can an uttering threats charge end with a peace bond?
Sometimes. In some cases the Crown agrees to withdraw the charge if the accused enters into a peace bond under section 810. A peace bond is a promise to keep the peace and follow conditions for up to 12 months. It is not a criminal conviction, but breaching it is a new offence. Our article on peace bonds in Ontario explains when this option makes sense.
How Uttering Threats Charges Are Defended
Every case turns on its own facts, but defences often focus on:
- Context. Read with the full conversation, the words may not be a threat at all. Screenshots often leave out the messages before and after.
- Intent. The evidence may show the words were a joke, venting or a figure of speech, not meant to intimidate or to be taken seriously.
- Identity. With messages and posts, the Crown must prove who actually sent them. Shared phones, shared accounts and fake profiles all raise questions.
- Credibility and reliability. Many cases rely on one person’s account of a private conversation, and it may not hold up under cross-examination.
- Charter issues. How police obtained and searched a phone or account can lead to evidence being excluded through a Charter application, and unreasonable delay can lead to a stay under section 11(b).
Uttering threats is often charged together with other offences, such as assault, criminal harassment or mischief. A defence strategy has to deal with all of them together.
Mistakes to Avoid After an Uttering Threats Charge
- Contacting the complainant, even to apologize or explain. If your release has a no-contact condition, this can lead to a new charge for breaching a court order.
- Posting about the case or the complainant online. Anything you post can be used as evidence.
- Deleting messages or accounts. It rarely helps and can create new problems. Keep everything and show it to your lawyer.
- Giving a statement to police before getting legal advice. You have the right to speak to a lawyer and the right to remain silent.
- Missing a court date. Failing to appear is a separate offence and can affect your release.
- Accepting the first resolution offered before your lawyer has reviewed the full disclosure.
Talk to Kisel Law About an Uttering Threats Charge
An uttering threats charge can affect your job, your family and your right to own firearms, even if the words were never meant seriously. The right approach depends on what was said, who it was said to, the full context and the evidence the Crown has.
Kisel Law defends people charged in Toronto and across the GTA. Learn more about our criminal harassment and threats defence, or contact Kisel Law to book a confidential consultation. Bring your release papers and copies of any messages involved.
This article is general information, not legal advice. Every case depends on its own facts.
