A death threat can lead to a criminal investigation or charge in Ontario. For people asking whether death threats Canada laws apply to texts, calls, or online posts, the answer to “are death threats illegal?” is often yes when the communication meets the Criminal Code test.

Yes, you can go to jail for saying death threats. In the Criminal Code, this is an offence known as uttering threats. The sentencing proceeds as follows: Summary Dispositions: minimum: none; maximum: 2 years less a day and/or 5000 fine. Indictable Dispositions: minimum:none, maximum: 2 years incarceration, 5 years incarceration

— Jeffrey I. Reisman, criminal defence lawyer

Are death threats illegal in Canada, and can you go to jail?

Yes. Threatening to cause death or bodily harm can be an offence under section 264.1 of the Criminal Code, commonly called uttering threats, and jail is legally available as a penalty.

The charge is not limited to an in-person confrontation. A message, voicemail, post, email, or message passed through another person can be investigated. Whether the words amount to a criminal threat depends on what was communicated and the full context, not simply whether someone was angry or offended.

If police contact you about an allegation, getting advice about an uttering threats defence early can help you understand the allegation, your release conditions, and the next court date.

Penalty for uttering death threats in Ontario

For a threat of death or bodily harm under section 264.1(1)(a), the maximum penalty is five years’ imprisonment if the Crown proceeds by indictment, or two years less a day and/or a $5,000 fine if it proceeds summarily. There is no mandatory minimum sentence for this offence.

Alleged threat	If prosecuted by indictment	If prosecuted summarily
Death or bodily harm under section 264.1(1)(a)	Maximum five years’ imprisonment	Maximum two years less a day and/or $5,000 fine
Property damage or harm to an animal	Maximum two years’ imprisonment	Different statutory maximum applies; legal advice should be based on the current charge wording

The maximum is not a prediction of what will happen in an individual case. The Crown’s choice of procedure, the evidence, any prior record, the relationship between the people involved, and the circumstances of the communication can all matter. The five-year indictable maximum applies to death or bodily-harm threats, which clarifies the two different indictable maximums referred to in the quotation above.

When words become an uttering death threats charge

The Crown must prove that a person knowingly uttered, conveyed, or caused another person to receive a threat of death or bodily harm, and that the words were meant to be taken seriously as a threat. The prosecution must prove the case beyond a reasonable doubt.

The legal question is not necessarily whether the speaker actually intended to carry out the threat. The words, the surrounding events, and how a reasonable person would understand the communication may be important in deciding whether it was a true threat rather than mere angry language.

For a closer explanation of the offence, read about uttering death threats Canada law and when an uttering death threats charge Canada may be punishable.

What counts as a death threat? Context matters

A court assesses the actual words in their full context, including how, when, and to whom they were communicated. An angry, ambiguous, joking, or conditional statement is not automatically a criminal threat.

Context can include a history between the parties, whether there were repeated messages, the tone and timing of the words, whether the recipient knew of access to a weapon, and what happened immediately before and after the communication. A threatening statement made during an escalating intimate-partner dispute may be viewed differently from an isolated comment in a group chat, but each situation turns on its evidence.

Texts, emails, direct messages, social-media posts, screenshots, call logs, and voicemails can all become evidence. A threat can also be conveyed through a third person: telling a friend to pass on a message may still fall within the offence. Deleting messages or asking others to delete them can create further problems; preserve the complete conversation and discuss it with counsel.

For example, a person who sends “I am going to kill you tonight” after repeatedly attending the recipient’s workplace could face a very different assessment from someone who makes an unclear remark during an online gaming argument. Neither example decides a case by itself, but the complete thread, witnesses, relationship, and surrounding conduct would be central.

What affects the sentence for uttering threats?

Sentence depends heavily on the seriousness and context of the communication and the person’s history, not just the maximum penalty. Courts apply the sentencing purposes and principles in the Criminal Code, including denunciation, deterrence, rehabilitation, and protection of the public.

Factors that may increase seriousness include repeated or escalating threats, references to weapons, threats made in an intimate-partner or family context, a vulnerable complainant, breach of a release order, and a relevant criminal record. The impact on the recipient can also matter, particularly where the evidence shows ongoing fear, disruption, or safety measures taken because of the threat.

Factors that may assist at sentencing can include accepting responsibility at an appropriate stage, lack of a relevant record, genuine remorse, counselling or other documented rehabilitative work, and strong evidence of stable employment or family support. Their weight depends on the facts. A conditional discharge may be legally available in some cases, but it is not available in every case and is never automatic.

Consider someone charged after leaving several threatening voicemails for a former partner while subject to a no-contact order. The allegation of repeated conduct and a possible breach would likely make the case more serious than one isolated message without a record. Conversely, an isolated first allegation may still require a careful review of the exact recording, disclosure, and surrounding context before anyone can responsibly assess the likely outcome.

First-time uttering threats charges

A first-time charge does not eliminate the risk of conviction or jail, but the facts, the person’s record, conduct after the allegation, and the strength of the evidence all matter. Do not assume that a first offence will simply disappear or be resolved without court consequences.

After a charge, follow every undertaking, bail order, or release condition exactly. Conditions may prohibit contact with a complainant, attendance at an address, possession of weapons, or use of social media. Do not try to explain, apologize, negotiate, or “clear things up” directly with the complainant if a no-contact condition applies.

Through counsel, obtain and review disclosure, preserve the full message thread rather than selected screenshots, prepare a timeline, and identify potential witnesses or relevant records. Bring all bail paperwork and court documents to your lawyer. A threat allegation arising in a relationship may also overlap with allegations for which a domestic assault lawyer Toronto can provide advice.

What can police do about death threats?

Police may investigate, preserve communications, seek statements, and, where they believe there are reasonable grounds, lay a charge or require an accused person to attend court. They may seek conditions intended to prevent contact or protect a complainant while the case is before the court.

If someone has made a threat against you and there is immediate danger, call 911. Save original messages, voicemails, usernames, dates, and identifying details; avoid escalating the exchange; and consider reporting the matter to police. A person who reasonably fears injury or damage may also ask about a section 810 peace bond, although it is a separate court process and depends on the circumstances.

If police want to question you as a suspect, you generally have the right under section 10(b) of the Charter to speak with counsel without delay upon arrest or detention. You do not have to give a detailed statement before obtaining legal advice. Any Charter issue, including whether evidence may be excluded under section 24(2), is fact-specific and should be assessed from the police notes, recordings, and disclosure.

Related allegations can sometimes arise from different types of police encounters. For example, a person facing an impaired-driving investigation may also need separate advice about an alleged failure to provide breath sample.

What happens after an Ontario death-threat charge?

An Ontario death-threat charge ordinarily proceeds through criminal court, where release conditions, disclosure, resolution discussions, and possibly a trial are addressed. The first appearance is usually administrative rather than a trial, but missing it can lead to serious consequences.

Your lawyer will need the complete message thread or recording, a chronological account of events, names of possible witnesses, copies of screenshots or posts, and your release paperwork. The Crown must provide disclosure, and its contents may affect decisions about resolution discussions, trial preparation, or Charter applications.

For the broader offence and jail-time framework, see uttering threats under the Criminal Code. Court timing varies with the court location, disclosure, number of witnesses, and whether the case resolves or proceeds to trial.

Is a death threat a felony in Canada?

Canada does not use the U.S. felony and misdemeanour labels. Uttering threats is a Criminal Code offence that can be prosecuted summarily or by indictment.

The procedure selected and the facts affect the available maximum penalty and court process. Calling an allegation a “felony” does not answer whether the Crown can prove the elements of the Canadian offence or what sentence, if any, would be appropriate.

Frequently asked questions about death threats in Ontario

Are online death threats illegal?

They can be. A direct message, email, comment, post, or other online communication can support an uttering threats allegation if the words and context meet the Criminal Code test.

How do I know whether a threat is serious?

Look at the exact words, the full exchange, the relationship, any history of violence or intimidation, and whether there is an immediate safety concern. If you fear for your safety, preserve the evidence and contact police or call 911 in an emergency.

What are examples of words that may be treated as threats?

Clear statements such as “I will kill you” or “I am going to hurt you” may be treated as threats when the context shows they were meant seriously. Words that are vague, hyperbolic, or clearly joking may require a closer contextual assessment rather than an automatic conclusion.

What should I do if someone threatens me?

Prioritize safety, avoid responding in a way that escalates the situation, save the original communication, and report immediate danger to 911. Keep notes of dates, locations, witnesses, and any further contact.

Can a threat be made through another person?

Yes. The offence can include causing another person to receive a threat, so passing a threatening message through a friend, relative, or online intermediary can still be relevant evidence.

Speak with a Toronto criminal defence lawyer

Threat allegations can move quickly, especially where police contact, release conditions, or digital evidence are involved. Early legal advice can help you understand the charge, preserve relevant evidence, and avoid breaching court-imposed conditions.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.