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Criminal Code s.264.1

Uttering Threats charges in Toronto, 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
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. 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 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.

Charged with uttering threats?

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