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Criminal Code s.264.1

Uttering Threats charges in Toronto, Ontario.

Quick Answer — Toronto

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.

Uttering threats reaches the Armoury Street courthouse in Toronto out of domestic disputes, road rage, and arguments between neighbours or coworkers, and where it grows out of an intimate partner or similar relationship the domestic designation is attached. Unlike criminal harassment, the Crown does not have to show the complainant was actually afraid — the words are measured objectively, as a reasonable person would hear them in context, and the question is whether they were meant to be taken seriously, which is why "I was angry" or "I was only kidding" does not end the matter on its own: a Toronto Crown weighs the seriousness of the whole incident around the words. Point Duty Traffic Court Defence and Legal Services reads the disclosure for whether the Crown has the proof and what resolution can be had. On scope, a paralegal may act on the s.264.1(3) branch — threats to damage property or injure an animal — once the Crown elects to proceed summarily; a threat of death or bodily harm 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.

Courthouse
Toronto Courthouse (Ontario Court of Justice)
Court Phone
(416) 327-5707
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 Toronto

Toronto runs three Provincial Offences courts, not one — Toronto South on Front Street East, Toronto East on Markham Road, and Toronto West on Eglinton Avenue West. Which one hears your ticket is set by where it was issued. Summary criminal charges go to the Toronto Courthouse at 10 Armoury Street. We appear at all four.

Criminal Court

Toronto Courthouse (Ontario Court of Justice)

10 Armoury Street, Toronto, ON M5T 0C2

(416) 327-5707

All Toronto criminal matters. Consolidated the former Old City Hall, College Park, 1000 Finch West, 2201 Finch West, 1911 Eglinton East and 311 Jarvis courthouses in March 2023.

Local practice notes reviewed 2026-09-01

Common Questions — Toronto

Where is an uttering threats charge heard in Toronto?

Toronto uttering threats matters are heard at Toronto Courthouse (Ontario Court of Justice), 10 Armoury Street, Toronto, ON M5T 0C2. The court's number is (416) 327-5707. Point Duty appears there.

Who lays uttering threats charges in Toronto?

In Toronto, uttering threats charges are laid by Toronto Police Service, OPP and RCMP. The charge is then heard at Toronto Courthouse (Ontario Court of Justice).

How long does an uttering threats charge take in Toronto?

Point Duty Traffic Court Defence and Legal Services sees Toronto criminal matters take 8 to 15 months to complete, despite the Chief Justice of Ontario's directive that a matter be set down for trial or resolved with a plea within six months.

How does the Crown handle uttering threats in Toronto?

Point Duty Traffic Court Defence and Legal Services finds that, depending on the nature and seriousness of an offence, a Toronto Crown does offer diversion, a peace bond, or a conditional or absolute discharge. On occasion they may resolve a matter with a donation to a charity, though that is occasional and dependent on the Crown.

Do I have to attend court in person in Toronto?

Toronto criminal court does run virtual appearances. At case management stages the appearances can be virtual, although the accused person can appear in person if they wish. Generally, you only need to appear in person if there is going to be a guilty plea, and if you ask the court for permission to appear virtually for a guilty plea, it is often granted where jail is not on the table. For the moment, peace bonds can be heard virtually. Trials, however, have to be done in person unless there are some extreme extenuating circumstances.

What else should I know about Toronto Courthouse (Ontario Court of Justice)?

All the courts that used to be spread across Toronto are now in one place. It is easy to reach by transit on the University line of the subway, and there is paid parking in the area. Everyone has to go through security. The case management courts are usually on the second floor, in front of a justice of the peace, but when things are taking too long they end up in front of a judge, usually on the eighth floor — which is also where a guilty plea before a judge is usually done. The case management drug court is on the tenth floor. Paralegals cannot handle youth matters; the youth courts are on the sixth floor. The Chief Justice has issued a directive that matters must be set down for trial or resolved within six months, and the court is not too backed up anymore.
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