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Under section 264.1(1) of the Criminal Code, it is an offence to threaten to cause death or bodily harm to a person, to damage property, or to harm their animal.

The key elements of this offence are:

Uttering or Conveying Threats: The accused person must have knowingly uttered, conveyed, or caused another person to receive a threat. Threats can be communicated verbally, in writing, or through electronic means.

Threats to Cause Harm: The threats must be to cause death, bodily harm, or property damage to another person, or to harm an animal or bird that is the property of another person.

Knowledge: The accused must have knowledge of the threats they are making or conveying.

The offence of utter threats does not require that the accused carry out the threats; the act of making the threats is itself a criminal offence.

Penalties for uttering threats in Canada can vary depending on factors such as the nature of the threats, any prior criminal history, and the specific circumstances of the case. If convicted, the accused person may face penalties including fines, probation, restraining orders, and imprisonment.