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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's POA matters are heard at 137 Edward Street; summary criminal charges are heard at the new Toronto Courthouse on Armoury Street, College Park, and the Ontario Court of Justice at Old City Hall (where still in operation). We appear at all of them.

Toronto Courthouse (Ontario Court of Justice)

10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707

Charged with uttering threats?

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