Is verbal assault a crime in Canada?

Verbal assault is a phrase you hear mentioned from time to time. But is there such a crime as verbal assault in Canada?

First of all, what do people mean when they say verbal assault? They might mean verbal abuse. Using harsh or even violent words is not always enough to constitute a crime in Canada. As we shall see, it is possible to commit criminal assault in Canada with words alone, however, only in specific circumstances.

Verbal assault vs. uttering threats

There is no such crime in Canada as “verbal assault”, however, there is a Criminal Code offence called “uttering threats”. The offence of uttering threats may apply in some circumstances.

Types of assault

There are three types of assault under the Criminal Code: uttering threats, assault and aggravated assault. A person commits the offence of uttering threats when they, in any manner, knowingly utter, convey or cause a person to receive a threat. The offence applies to any threat made to cause death or bodily harm to any person, to burn, destroy or damage real or personal property; or to kill, poison or injure an animal or bird belonging to another person.

Requirements of uttering threats

In order to convict a person of uttering threats, the Crown first has to prove that the person knowingly threatened someone. That is, there must be a specific intent on the part of the accused to issue the threat/threats. Their words must be intended to be taken seriously. Whether a person actually intended to follow through with their threats is irrelevant. The threat alone is enough to constitute the offence.

Verbal assault vs. freedom of speech

In order to determine intent, courts will look at the context in which the words were made. For instance, were they made when the accused was clearly joking. Threats can be made “in any manner”. That means the law applies not only to in-person interactions but all other means of communication, such as phone calls, letters, text messages etc.

The offence also applies to writing and even poems. In this case, a 73-year-old man wrote a poem about his city councillor after he became frustrated over complaits to do with potholes. The poem, which the man posted around town, contained references to digging a “six feet long” pothole.

The man was convicted of uttering threats but made an appeal. He said the poem was made in jest and was intended as satire to try to put pressure on the councillor to fix potholes on the roads. The appeal court judge concluded the poem did not constitute a threat.

To determine if it was a threat the Court applied the reasonable person test. In other words, would a normal person looking at the poem objectively, knowing the context around it, conclude the words contained a death threat. The court concluded a reasonable person would decide it was not intended to be taken seriously and allowed the appeal.

Have you been charged with uttering threats? The lawyers at Acumen Law are experienced in handling all kinds of assault cases and they can help. Call us free on 604-685-8889.