How is a Threat Defined Legally?

How is a Threat Defined Legally?

Date Updated: July 21, 2020
Written By: Ravi Prithipaul (Alberta Criminal Defence Lawyer)

Detailed Law Breakdown

In Canada, the offence of uttering a threat falls within the broader category of “Offences Against the Person” and under the specific heading, “Assault”. The legal definition of threat is found in section 264.1 of the Criminal Code (R.S.C., 1985, c. C-46):.

Uttering threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person.

In Canada, it is against the law to intentionally threaten to cause death or bodily harm to a person. The threat does not have to be directed towards a specific person; it is enough for the threat to be made against an ascertained group of people (e.g., police officers). It is also against the law to threaten to burn, destroy or damage a person’s property, or to threaten to kill, poison, or injure an animal or bird that belongs to a person.

Defences to a charge of uttering threats

As discussed above, the Crown must prove both elements of the offence beyond a reasonable doubt. For clients throughout Alberta, including those in Edmonton, Grande Prairie, and Peace River, defence lawyer Ravi Prithipaul, Q.C. can ensure that they receive an informed legal opinion, based on a review of disclosure material, and competent legal representation at trial.

Many factors come into play: the seriousness of the threat and the context in which it was made, plausible alternative meanings, intoxication and state of mind of the person charged and of witnesses, the relationship between the parties, the reliability of witnesses, etc. For example, words spoken purely in jest or in the context of acceptable discourse should not generally be considered criminal threats under Canadian law.

What is the punishment if I am convicted of uttering a threat?

The offence of uttering a threat is a “hybrid offence” which means the Crown chooses whether to prosecute by summary conviction or by indictment. There are different ranges of punishment associated with summary offences and indictable offences, and there are also different ranges of punishment from probation through to fines or even jail:

• Where the accused is charged with threatening to cause death or bodily harm to any person:
• If prosecuted by indictment, the accused person is entitled to elect trial by jury and upon conviction is liable to up to five years’ imprisonment.
• If the offence is prosecuted by summary conviction, the trial will be held in the provincial court without the option of a jury and carries a maximum jail penalty of 18 months.
• Where the accused is charged with threatening to burn, destroy, or damage real or personal property; or to kill, poison, or injure an animal or bird that is the property of any person:
• If prosecuted by indictment, a conviction can result in imprisonment for a term not exceeding two years.
• If the Crown proceeds by summarily, a conviction is punishable by a fine of up to $5,000, six months’ jail, or both.

Thoughts from a Criminal Lawyer’s Perspective

The penalties for uttering threats are highly variable and range from discharges through to probation, fines, and/or the imposition of a jail sentence. In practice, the appropriate sentence is highly case dependent and will vary according to the facts: if you are charged, consult your defence for advice on the possible consequences of a conviction for uttering a threat.

As an example, an aggravating feature could be that the person threatened was in a relationship with the accused person, such as a co-worker, classmate, or spouse or partner. A conviction will also result in a criminal record which may make it hard to find employment or travel. To avoid or lessen the serious consequences of a conviction, you should seek the assistance of an experienced defence lawyer such as Ravi Prithipaul, Q.C.