Quick Answer
Point Duty defends uttering threats charges under Criminal Code s.264.1(1)(b) and (c) — threats to burn, destroy or damage property, or to kill, poison or injure an animal — spoken, written, or sent online, whether or not you meant to carry them out. On summary election these carry up to two years less a day, a criminal record, and no-contact and weapons conditions. A threat of death or bodily harm under s.264.1(1)(a) falls outside paralegal scope and is referred to a lawyer.
Knowingly uttering, conveying, or causing any person to receive a threat to cause death or bodily harm, to damage property, or to injure an animal. Hybrid offence; only the property and animal branch, punishable under s.264.1(3), is within paralegal scope.
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.
Hybrid, and the maximum depends on the branch. Threats to property or an animal, punishable under s.264.1(3): up to 2 years on indictment, up to 2 years less a day on summary conviction. Threats of death or bodily harm, punishable under s.264.1(2): up to 5 years on indictment. Criminal record on conviction. Common conditions include no-contact orders and weapons prohibitions.
Uttering threats appears on the Law Society’s permitted list at s.264.1(3). That is the penalty provision for threats to burn, destroy or damage property, or to kill, poison or injure an animal, under s.264.1(1)(b) and (c) — the list names penalty provisions, which must be matched back to the offence they punish. Those branches are hybrid, so a paralegal may act once the Crown elects to proceed by summary conviction, and the matter passes to a lawyer if it elects indictment instead. A threat of death or bodily harm under s.264.1(1)(a) is punishable under s.264.1(2), which does not appear on the permitted list, so a paralegal cannot act on it however the Crown elects. Where the paralegal scope line falls, and why.
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.
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