Uttering Threats (s. 264.1)
It is an offence to knowingly utter or convey a threat to a person, their property or their pets or animals. Threatening to cause a person bodily harm or death, destroy or damage their property or kill, poison or injure their pets can result in a criminal charge. The threat must be made with the intention or being taken seriously. However, the actual ability or intention to carry out the threat is irrelevant. In addition, the threat can be made indirectly, for example, by conveying the threatening message through another person.
What is the punishment for Uttering Threats?
There are no mandatory minimum penalties. However, the possible penalties include a suspended sentence, a conditional sentence, a fine and prison time, with or without a fine. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. If the Crown elects to proceed by way of indictment, the maximum penalties depend on whether the threats are made to the individual, their property or their pets. An indictable election carries a maximum sentence of 5 years incarceration for threats against the individual and 2 years incarceration for threats against property or a pet. If the Crown proceeds summarily, the maximum sentence is 2 years of incarceration, a fine of $5,000 or both, regardless of the target of the threats.
