Uttering threats criminal code rules can apply when words, texts, posts, or messages through another person communicate a serious threat. This guide gives uttering threats examples and explains how Ontario courts assess an allegation, what happens after a charge, and what to do with messages or other evidence.

What is uttering threats in Canada?

Uttering threats is a distinct Criminal Code offence, not an assault offence. Under section 264.1 of the Criminal Code, it is an offence to knowingly utter, convey, or cause any person to receive a threat to cause death or bodily harm to a person, to burn, destroy, or damage real or personal property, or to kill, poison, or injure an animal or bird that belongs to someone.

The offence is federal, so it applies throughout Canada, including Saskatchewan. This article focuses on what a person commonly faces after an uttering threats allegation or charge in Ontario.

The words do not have to be spoken face to face. A threat may be made during an argument, sent electronically, left in a voicemail, or passed through another person. The surrounding circumstances matter greatly, which is why someone facing an allegation should have the actual communication and the complete context reviewed by a criminal defence lawyer for uttering threats.

What is considered a threat?

What constitutes a threat depends on the actual words, their ordinary meaning, and the full context in which they were communicated. It is not decided solely by whether the recipient says they were afraid or whether the speaker later says, “I did not mean it.”

Courts consider whether the words, viewed in context, would convey a threat of the kind covered by section 264.1 and whether the person who made them intended that they be taken seriously as a threat. Tone, prior events, the relationship between the people, gestures, timing, and the rest of a conversation may all matter.

For example, a person who says, “I will kill you tonight,” while following an ex-partner after a volatile separation may face a very different analysis from a person who makes an obviously exaggerated remark about a sports result among friends. A conditional statement can also be significant. “If you testify, I will burn down your shop” may still communicate a threat even though it is conditional.

Jokes, sarcasm, angry hyperbole, and ambiguous language are not automatic defences. They can be important context, but the full record matters more than one carefully selected sentence.

Uttering threats examples

Threats can concern a person, property, or an animal belonging to another person. Whether particular words amount to an offence depends on the evidence, not simply on the setting in which an argument happened.

• Relationship dispute: Consider someone who sends repeated messages after a breakup saying, “I know where you work, and I am going to hurt you.” A lawyer would want to review the entire message history, any earlier incidents, the timing, and whether there were admissions or witnesses. In a domestic allegation, the facts may overlap with an assault allegation, and an assault lawyer can assess the separate issues raised by the evidence.
• Neighbour conflict: A homeowner says, “Touch my fence again and I will smash every window in your house.” The exact words, prior property disputes, recordings, and whether the conversation continued can affect the analysis.
• Workplace argument: A dismissed employee leaves a voicemail stating that a manager will “pay for this.” That phrase may be too unclear on its own, but details before and after the voicemail, the speaker’s tone, and any reference to violence or property can matter.
• Road-rage incident: A driver shouts a threat during a confrontation, then leaves. Dashcam footage, 911 audio, independent witnesses, licence-plate evidence, and identification may become central issues. If the same stop led to an allegation of failure to provide breath sample, each allegation has separate legal elements and evidence to review.
• Online exchange: A public post names another person and says their home will be burned down. Screenshots may be relevant, but the original post, account ownership, comments before and after it, privacy settings, and metadata may also matter.

Can a text, post, or message through another person lead to a charge?

Yes. The manner of communication does not prevent an uttering threats charge if the evidence shows that a person knowingly conveyed, or caused someone to receive, a qualifying threat.

Texts, emails, direct messages, social-media posts, voice notes, phone calls, letters, and messages delivered by a friend can all become evidence. A message need not be sent directly to the person named in it if the facts show the accused caused another person to receive it.

Do not delete, edit, repost, or publicly debate the messages after learning of an allegation. Preserve the complete thread, including messages before and after the disputed words, account information, call logs, screenshots, and any device or backup that may show context.

What must the Crown prove?

The Crown must prove beyond a reasonable doubt that the communication was legally a threat in context and that the accused intended it to be taken seriously as a threat. An allegation alone is not proof of guilt.

Disclosure may include police notes, 911 calls, screenshots, recordings, witness statements, phone records, and the complainant’s account of earlier events. The defence should examine whether a screenshot is complete, who actually authored an account, whether a recording is accurate, whether words were translated correctly, and whether a witness can reliably recall the exchange.

For example, a cropped screenshot may omit messages showing sarcasm, an apology, a different speaker using a shared device, or a conversation that changes the meaning of disputed words. That does not decide the case by itself, but it may be important when assessing the evidence. For more on the offence and its statutory framework, read can you go to jail for uttering threats.

What are the best defences to an uttering threats charge?

There is no single best defence to an uttering threats charge; the appropriate defence depends on the exact words, the context, and the reliability of the evidence. A careful review should begin before deciding how to respond to the allegation.

Potential issues can include:

• the words do not meet the legal threshold for a threat covered by section 264.1;
• the surrounding context does not support an intention that the words be taken seriously;
• another person wrote or sent the communication, or identity cannot be proved reliably;
• the Crown has only partial messages, altered screenshots, or weak account-authorship evidence;
• the complainant’s account conflicts with recordings, timestamps, neutral witnesses, or the complete communication history; and
• police obtained a statement, device evidence, or other material in a way that raises Charter issues.

These are not technicalities to assume will end a case. They are fact-specific questions that may affect negotiations, trial preparation, or the Crown’s assessment of whether there is a reasonable prospect of conviction.

What happens after uttering threats charges are laid in Ontario?

A charge is not a conviction, and the defence normally needs disclosure before giving reliable advice about the strength of the case or available options. The first court date often deals with procedural steps while disclosure is requested and reviewed.

Release conditions may restrict contact with a complainant, attendance at a home or workplace, possession of weapons, or communication through friends and family. Read every condition closely and follow it exactly. A seemingly harmless apology, message through a mutual friend, or social-media reply can create a new problem if it breaches a no-contact term.

1. Keep a copy of your release papers and calendar every court date.
2. Do not contact the complainant directly or indirectly unless your conditions clearly permit it.
3. Preserve complete messages, recordings, and relevant documents without altering them.
4. Do not post about the allegation or try to obtain evidence by pressuring other people.
5. Get legal advice before making a police statement, consenting to searches, or discussing a resolution.

In some circumstances, a section 810 peace bond is a separate Criminal Code process that may arise where a person fears another person will cause personal injury, damage property, or commit another specified offence. It is not the same as a finding of guilt after a criminal trial.

How serious are uttering threats charges and can they be dropped?

Uttering threats charges can have serious consequences, but the outcome depends on the evidence, the alleged words, the surrounding circumstances, and an accused person’s history. The Crown may reassess a charge after disclosure is reviewed, but no one can assume that a charge will be withdrawn.

Possible paths can include withdrawal, a resolution, a trial, or sentencing if there is a guilty plea or finding of guilt. A discharge under section 730 of the Criminal Code may be available in some cases where the legal test is met, but it is not automatic and depends on the circumstances.

Questions about sentence ranges, jail, and how the Crown elects to proceed require current, case-specific advice. Legal fees and the work required can also vary with the amount of digital evidence, witnesses, bail issues, and whether a matter resolves early or proceeds to trial.

Frequently asked questions about uttering threats

Is threatening someone a crime in Canada?

Threatening someone can be a crime in Canada when the words and circumstances meet the requirements of a Criminal Code offence such as uttering threats. Not every insulting, rude, or angry comment is criminal; context and intent remain essential. Learn more about is threatening someone a crime.

Are death threats illegal in Canada?

A threat to cause death can fall within section 264.1 if the Crown can prove the required communication and intent. The fact that no physical assault occurred does not by itself prevent a charge, but the exact words and full context still need to be assessed.

Can uttering threats be dropped?

Charges can be withdrawn in some cases, but this is a decision for the Crown based on the evidence and the public-interest assessment. Preserving the complete communications and reviewing disclosure are practical early steps because they may reveal important context or evidentiary weaknesses.

What if I was joking?

Saying that words were a joke does not automatically answer the legal question. The issue is whether, in the circumstances, the words communicated a qualifying threat and whether the speaker intended them to be taken seriously as one.

Does this offence apply in Saskatchewan?

Yes. Section 264.1 is part of the federal Criminal Code and applies across Canada, including Saskatchewan. Court procedure, local Crown practices, and available legal services can differ by province, while this information is directed to Ontario cases.

Speak with a Toronto criminal defence lawyer

Early advice can help you understand release conditions, protect relevant messages and recordings, and avoid steps that may complicate an uttering threats allegation.

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