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Criminal Code s.264.1

Uttering Threats charges in Ontario.

Quick Answer

Uttering threats under Criminal Code s.264.1 covers conveying a threat to cause death or bodily harm — whether spoken, written, or sent online. On summary election it is within paralegal scope. Whether the words conveyed amounted to a true threat, and whether they were communicated intentionally, are the issues that drive the defence analysis on every file.

Knowingly uttering, conveying, or causing any person to receive a threat to cause death, bodily harm, or damage to property. Hybrid offence; on summary election within paralegal scope.

Charge
Criminal Code s.264.1
Jurisdiction
All of Ontario
Consultation
Free & Confidential
i.

What the charge means

Section 264.1 of the Criminal Code prohibits knowingly uttering or conveying a threat to cause death or bodily harm, to burn, destroy or damage property, or to kill, poison or injure an animal. The threat must be communicated but does not require an intent to actually carry it out.

ii.

Penalties

Hybrid. On summary: up to 2 years less a day. On indictment: up to 5 years. Criminal record on conviction. Common conditions include no-contact orders and weapons prohibitions.

iii.

Available defences

  • Words were not objectively threatening (context, humour, hyperbole)
  • Mental element — no knowing communication of a threat
  • Identification of the speaker
  • Peace bond resolution where appropriate
iv.

The process

Disclosure review of the alleged words and the context in which they were spoken. Many files resolve through peace bond, diversion, or withdrawal where the evidence is contested.

Common Questions

What is uttering threats in Ontario?

Under s.264.1, uttering threats is knowingly conveying a threat to cause death or bodily harm, or to damage property — whether spoken, written, or sent online. The threat need not be one you intend to carry out.

What are the consequences of an uttering threats charge?

It is a hybrid offence: up to two years less a day on summary election, up to five years on indictment, with a criminal record and common conditions such as no-contact orders and weapons prohibitions.

Can an uttering threats charge be resolved without a criminal record?

Often, yes. Where the words or context are contested, many files resolve through peace bond, diversion, or withdrawal — none of which leave a record.

Can a paralegal defend an uttering threats charge?

Yes, on summary election. Defences focus on whether the words were objectively threatening in context and whether they were knowingly communicated.
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