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Criminal Code s.264.1

Uttering Threats charges in Orillia, 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
Orillia Courthouse (Ontario Court of Justice)
Court Phone
(705) 326-2671
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 Orillia

Orillia-area criminal matters are heard at the Orillia Courthouse on Memorial Avenue. Provincial offences are handled by the Orillia Provincial Offences Court on West Street South — a separate court service area from Barrie, with its own office and its own trial dates.

Criminal Court

Orillia Courthouse (Ontario Court of Justice)

700 Memorial Avenue, Cottage C, Orillia, ON L3V 0T7

(705) 326-2671

Orillia and area criminal matters. Separate from the Barrie courthouse on Mulcaster Street.

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