Utter Threat Charges: Alleged Breach of Section 264.1 of the Criminal Code

Question: What are the penalties for an uttering threats charge in Ontario, and what defence options might apply?

Answer: In Ontario, uttering threats is a hybrid criminal offence under Criminal Code, R.S.C. 1985, c. C-46, s. 264.1, and it may be prosecuted by indictment with a maximum of 5 years’ imprisonment for certain threats, or by summary conviction with a maximum of 2 years less a day, depending on the allegation and how the Crown proceeds.  Paladin LLP provides Ontario paralegal services to help you understand the charge, review the context and evidence, and plan a defence strategy based on the specific words, intent, and surrounding circumstances.

Understanding the Criminal Charge of Uttering Threats Including Potential Penalties and Available Defence Strategies

The criminal offence of uttering threats is known as a hybrid offence meaning that the prosecution of an uttering threats charge may proceed as an indictable offence and therefore as a very serious matter that may result in imprisonment for a maximum of five (5) years depending upon how the threat was made, who or what the threat was directed towards, and the consequences that occurred, if any, as a result of the uttered threat.  Alternatively, an uttering threats charge may proceed as a summary conviction offence where the maximum imprisonment is two (2) years less a day.  Where a charge of uttering threats is brought, the context of the alleged threat and therefore whether any genuine threat was truly uttered requires careful review.  There are various defence strategies that may be available and applicable when defending an uttering threats charge.

The Law

The conduct that may give rise to an uttering threats charge is prescribed at section 264.1(1) of the Criminal Code, R.S.C. 1985, c. C-46, wherein it is said:

Interestingly, a person may be charged with uttering threats without even uttering the threat directly towards the targeted person.  A threat uttered about a targeted person that is heard by a person other than the targeted person is enough to result in an uttering threats charge.  In fact, the targeted person towards whom the threat was uttered may be without any knowledge whatsoever that a threat was even made.

Potential Penalties

The potential penalties upon conviction on a charge of uttering threats are quite serious.  The potential penalties are dependant upon the nature of the specific threat and are prescribed within section 264.1(2) of the Criminal Code where it is said:

Available Defence Strategies

The definition of what actually constitutes as an uttered threat requires careful analysis.  Diligent legal counsel will review the, allegedly, threatening words and provide appropriate defence strategy advice to the accused person.  The specific defence strategies that will be available, meaning logically applicable, to the defence of an uttering threats charge will depend upon the specific utterances involved.

Conclusion

The charge of uttering threats may involve a penalty of up to five (5) years in jail if prosecuted as an indictable offence or up to two (2) years less a day in jail if prosecuted as a summary conviction offence.  Other potential consequences may also arise.  A strong defence strategy to aggressively defend an uttering threats charge is well warranted.