Uttering Threats Lawyer Toronto | Threats Charge Defence

Composed by Chris Sewrattan, Certified Specialist in Criminal Law. Updated July 2026.

This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.

Uttering threats is a criminal offence under section 264.1 of the Criminal Code. It covers threats to cause death or bodily harm to any person, threats to burn or destroy property, and threats to kill or injure an animal. Because the offence is complete the moment the words are spoken or written, people are regularly charged over a single text message, voicemail, or heated remark, and the case then turns on two questions: what the words objectively meant in their context, and what the speaker intended by them.

What is uttering threats under Canadian law?

To convict, the Crown must prove two elements beyond a reasonable doubt, as the Supreme Court explained in R v McRae:

The words, viewed objectively in their full context, conveyed a threat of death or bodily harm (or to property or an animal). The question is how a reasonable person would understand the words, taking into account the circumstances, the relationship between the people involved, and how the words were communicated.
The speaker intended the words to intimidate or to be taken seriously. It does not matter whether the recipient actually felt afraid, whether the speaker intended to carry the threat out, or even whether the threat ever reached the person it was about. A threat spoken to a third party can still be an offence.

Words said in obvious jest, hyperbole, or as an exclamation of frustration are not threats in law, but the line is drawn by context, not by the speaker's later explanation. Threat charges frequently accompany domestic assault and criminal harassment allegations, and they carry the same strict bail conditions in Ontario, including no-contact terms.

Penalties for uttering threats in Ontario

Uttering threats is a hybrid offence. For threats to cause death or bodily harm, the maximum penalty is 5 years in prison if the Crown proceeds by indictment, or 2 years less a day on summary conviction. For threats against property or animals, the maximum by indictment is 2 years. There is no mandatory minimum. In practice, Ontario outcomes for first-time allegations range from withdrawal of the charge, sometimes with a peace bond or counselling, through discharges and probation; jail is reserved for threats with aggravating features such as weapons, repetition, or a related record. A conviction can also bring weapons prohibitions and, for non-citizens, immigration consequences.

Possible defences to an uttering threats charge

Depending on the evidence, defences may include:

The words were not a threat: read in context, they were hyperbole, venting, a bad joke, or ambiguous words that a reasonable person would not take as a threat of death or bodily harm.
No intent to intimidate or be taken seriously: the mental element is where frustration cases are fought, particularly where the words were blurted in a heated moment.
Disputed words: what was actually said, especially in oral exchanges with no recording, and the reliability of the person reporting them.
Identity: in online and anonymous message cases, proof of who actually authored and sent the words.
Context evidence: prior communications and the full message thread often change the meaning of an isolated line the police synopsis quotes.
Charter issues and delay, including statements taken in breach of the right to counsel and unreasonable delay under section 11(b) and the Jordan framework.

Frequently asked questions

Can I be charged for a threat I did not mean?

You can be charged, but the Crown must prove you intended the words to intimidate or to be taken seriously. Words that were clearly a joke or empty venting, judged in context, do not meet the legal test.

Is it a threat if I never said it to the person directly?

It can be. The offence does not require the threat to be conveyed to its target; a threat spoken or written to a third party about someone else can still be uttering threats.

Can a text message or social media post be a criminal threat?

Yes. Threats can be uttered in any form, including texts, direct messages, emails, and posts. The full thread and surrounding context matter, which is why preserving the complete conversation is important for the defence.

Does the person have to be afraid for it to be a threat?

No. The recipient's actual fear is not an element of the offence. The test is how a reasonable person would understand the words in context, together with the speaker's intent.

Will I go to jail for uttering threats?

Usually not for a first allegation without aggravating features. Many threats charges in Ontario resolve without a conviction, through withdrawal, a peace bond, or a discharge. Outcomes depend on the evidence and circumstances of each case.

What is a conditional threat?

A threat framed as a condition, such as words to the effect of "if you do that again, I will hurt you," can still be a criminal threat. Framing words conditionally does not take them outside the offence if they otherwise meet the test.

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