Uttering Threats in Ontario: How Words Become Criminal Charges
A heated argument, an angry voicemail, or a text sent in the heat of the moment can become a criminal charge in Canada. Many people are surprised to learn that "uttering threats" is a stand-alone offence under the Criminal Code — you do not have to lay a hand on anyone, and you do not have to carry out the threat. The words themselves can be enough.
This catches a lot of people off guard, especially newcomers who assume that only physical violence leads to a criminal record. In Ontario, police regularly lay uttering threats charges after a family dispute, a workplace blow-up, a landlord-tenant confrontation, or an argument that played out over text or social media.
What the Law Actually Says
Uttering threats is set out in section 264.1 of the Criminal Code. It makes it an offence to knowingly utter, convey, or cause any person to receive a threat in three categories:
- A threat to cause death or bodily harm to any person
- A threat to burn, destroy, or damage real or personal property
- A threat to kill, poison, or injure an animal or bird that is someone's property
So the law reaches well beyond threats of violence against people. Threatening to wreck someone's car or to harm their pet can also be a criminal threat.
"Knowingly" and How the Threat Is Communicated
The threat has to be made knowingly — but it does not have to be delivered face to face, and it does not have to be made directly to the person it targets. A threat can be uttered out loud, written in a text or email, posted online, or even passed along through a third person. Telling someone, "Tell your brother I'll hurt him," can qualify.
What matters is whether the words, taken in context, would convey a serious threat to a reasonable person — not whether you privately intended to follow through, and not whether the other person was actually frightened.
You Do Not Have to Mean to Carry It Out
This is the part people find hardest to accept. The Crown does not have to prove you intended to actually carry out the threat. It is enough that you meant the words to be taken seriously, or to intimidate. "I was just venting" or "I would never really do it" is not, on its own, a defence — though context, tone, and the relationship between the parties can all matter to how a court reads the words.
A Hybrid Offence
Uttering threats is a hybrid offence, which means the Crown decides whether to proceed by the more serious indictable route or the less serious summary route. Under section 264.1, a threat to cause death or bodily harm carries a higher maximum penalty than a threat against property or an animal. The choice the Crown makes affects the maximum penalty and the court procedure. Even on the summary side, a conviction creates a criminal record that can affect employment, travel, and — for non-citizens — immigration status.
What to Do If You Are Charged
If you are charged with uttering threats, the most important thing is what you do not do: do not contact the complainant, even to apologize, because most release conditions prohibit contact and breaching them is a separate criminal offence. Do not try to explain yourself to the police.
Many uttering threats cases turn on context and exact wording, and for first-time accused persons there are often resolutions — such as diversion or a peace bond — that can avoid a criminal record entirely. The earlier you get advice, the more options you tend to have.
This article is general information only and is not legal advice. Every case turns on its own facts.
Criminal Defence at WP Legal Professional
An uttering threats charge can follow an argument you already regret — but it does not have to define your future. At WP Legal Professional, our criminal defence team represents people charged with summary and hybrid offences in courts across the Greater Toronto Area, and we serve clients in English, Cantonese, Mandarin, and Korean.
Act now. Contact us for a confidential consultation before your first court date.