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Criminal Code s.264.1

Uttering Threats charges in Cambridge, Ontario.

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.

Courthouse
Kitchener Courthouse (Ontario Court of Justice)
Court Phone
(519) 741-3200
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, 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.

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.

v.

Notes for Cambridge

Cambridge has no courthouse. Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street, and provincial offences at the Waterloo Region POA court on Queen Street North in Kitchener.

Criminal Court

Kitchener Courthouse (Ontario Court of Justice)

85 Frederick Street, Kitchener, ON N2H 0A7

(519) 741-3200

All Waterloo Region criminal matters — Cambridge, Kitchener, Waterloo and the townships. There is no criminal court in Cambridge.

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