Understanding and Defending Against Charges of Uttering Threats in Canada

In Canada, uttering threats is a criminal offence under Section 264.1 of the Criminal Code. This charge can have serious consequences, including fines, imprisonment, and a criminal record. If you are facing such charges, understanding the legal implications and the available defences is crucial.

What is Uttering Threats?

Uttering threats involves knowingly conveying a threat to:

Cause death or bodily harm to any person;
Damage or destroy property; or
Kill, poison, or injure an animal or bird that belongs to someone else.

The prosecution must prove beyond a reasonable doubt that the accused intended the threat to be taken seriously and that it was communicated in some way, whether verbally, in writing, or electronically.

Key Elements the Crown Must Prove

Communication of the Threat: The statement must have been made to another person.
Specificity of the Threat: The nature of the threat must align with one of the categories outlined above.
Intent: The accused must have intended for the recipient to take the threat seriously. This is assessed objectively based on the context of the communication.

Potential Penalties

The penalties for uttering threats depend on the circumstances and severity of the offence:

Summary Conviction: Up to six months imprisonment and/or a fine.
Indictable Offence: Up to five years imprisonment.

A conviction can also result in a permanent criminal record, affecting future employment opportunities, travel, and more.

Defending Against Uttering Threats Charges

1. Context and Ambiguity

Sometimes, statements made in anger or frustration can be misinterpreted as threats. A defence may argue that the words were not meant to be taken literally or seriously.

2. Lack of Intent

The prosecution must prove that the accused intended the threat to intimidate or instill fear. If there was no intent, the charge may not stand.

3. Mistaken Identity

In cases involving written or electronic threats, it may be possible to argue that someone else sent the message or that there is insufficient evidence tying the accused to the communication.

4. Freedom of Expression

Under Section 2(b) of the Canadian Charter of Rights and Freedoms, individuals have the right to freedom of expression. While this right is not absolute, in some cases, it can be argued that the statement falls within the bounds of protected speech.

5. Duress or Coercion

If the accused made the statement under threat or coercion, this can serve as a defence.

Practical Steps to Take if Charged

Remain Silent: Anything you say can be used against you. Avoid discussing the case with anyone other than your lawyer.
Consult a Criminal Defence Lawyer: A qualified lawyer can help you navigate the legal system and build a strong defence.
Preserve Evidence: Gather any evidence that may support your version of events, such as text messages, emails, or witnesses.

The Role of a Defence Lawyer

A defence lawyer will assess the specifics of your case, challenge the evidence, and negotiate with the Crown prosecutor. In some cases, it may be possible to seek alternative resolutions, such as peace bonds or diversion programs, to avoid a criminal record.

Conclusion

Uttering threats is a serious offence in Canada, but being charged does not mean you will be convicted. By understanding your rights and working with an experienced lawyer, you can effectively defend yourself and potentially mitigate the consequences.

If you are facing charges or need legal advice, consult a qualified criminal defence lawyer in your area immediately.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.