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Criminal Code s.264.1

Uttering Threats charges in Kingston, Ontario.

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.

Courthouse
Frontenac County Court House (Ontario Court of Justice)
Court Phone
(613) 548-6811
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.

v.

Notes for Kingston

Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.

Frontenac County Court House (Ontario Court of Justice)

279 Wellington Street, Kingston, ON K7K 0B5
(613) 548-6811

Charged with uttering threats?

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