Assault in Canadian law encompasses almost any intentional act of violence towards another person without consent. Even uttering threats in Canada may constitute assault.
While most assault cases involve physical contact, simply waving your fist at someone might be assault. As can threatening someone verbally. Uttering threats is a charge that may arise out of a domestic or spousal assault allegation or simply in the aftermath of a confrontation between two people.
It is important that people know about the crime of uttering threats, especially in the age of social media. If you threaten someone online you can end up facing serious consequences.
The prosecution must first prove certain elements in order to secure an uttering threats conviction and there are defences available to you if you find yourself facing this particular charge.
What does uttering threats mean?
Uttering threats is defined under the Criminal Code as, in any manner, knowingly uttering, conveying or causing any person to receive a threat. The threat can be: 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 that is the property of any person.
What is considered uttering threats in Canada?
To find a person guilty of uttering threats, the court must first determine whether the alleged threat was in fact made. Then, it must determine whether the accused knowingly uttered the threat. Finally, the threat must be found to have been either to cause death or bodily harm, to damage, destroy or burn their property, or to kill, poison or injure someone’s animal.
The phrase in the legislation, “in any manner”, means just that. So an individual can utter threats in person, in writing, online, over the phone, via text message etc. In this case, the Court convicted a man of uttering threats after he posted a message on Facebook stating he wanted to choke and shoot his former girlfriend.
Uttering threats conviction
The punishment for uttering threats to cause bodily harm or death to a person is punishable either as a summary offence in less serious cases or as an indictable offence in extreme cases. The maximum punishment for an indictable conviction for uttering threats is five years in prison.
Uttering threats against someone’s property or animal is also punishable either as a summary or indictable offence. However, the maximum prison sentence for either of these two offences is two years. No small punishment for something that can happen in the space of a few seconds.
If you are arrested for uttering threats against your partner, you will likely have conditions placed upon. This might include staying a certain distance from your partner so you may face restrictions against going back to your shared home.
Defences
In order to convict someone of uttering threats, the prosecution must prove all of the elements of the offence beyond a reasonable doubt. Potential defences arise if the defendant can argue the alleged threat was not to cause bodily harm or death.
For example, the accused might be able to raise a reasonable doubt that the threat was made knowingly. The prosecution has to prove the mens rea element of the offence. That is, they must satisfy the court that the accused meant what they said and intended them to be taken seriously or to intimidate a person.
In this case, for example, a blog writer was charged with uttering threats after stating in a blog post on his website that he wanted to kill former Prime Minister Stephen Harper. The accused argued that his blog post was intended as satire so he was not knowingly making a threat to kill.
The judge determined, after discussing the accused’s intentions and his lack of history as a satirical artist, that the blog author intended his post to be taken seriously. He duly found the accused guilty of uttering threats.
Acumen Law
If you or a family member have been accused of uttering threats in Canada, contact a lawyer immediately. To arrange a free consultation with one of Acumen Law’s assault lawyers, call 604-685-8889.
If I say someone should kill another person, is that a threat?
I confronted two different bikers who had no mufflers on their motorcycles. One told me that the next time he saw me I was dead, the other said I would be publicly hurt. These separate incidents were recorded on video. Are these considered offenses under the criminal code ?
1st maybe you should learn to mind your own business, robert, my younger brother steppd into a agruement between 2 people and was threatened, 2 weeks later a unidentified man broke his jaw and nose, when he was coming out of a store, i guess it was very fast, and no one was ever charged or found out who did it, my brother told me he wished now he had not gotten involved. it could have been worse, you dont know who your involving your self with, they might be very dangerous, you dont know.
I talked to a cop once we who explained that it has to be an unqualified threat for them to charge–if the person said, “I’ll punch you if you don’t leave now” then it is not a direct threat, such as “I’m going to punch you” would be.
Good afternoon, my name is Elie and I’ve been charged with assault x2 and uttering threats I do have a prior from 2017 if I have a job what is the likelihood of jail time? Thanks
get the best lawyer you can afford id say 50/50 on jailtime, if your prior is also for assult they will say to the judge there is a pattern here probably, good luck
A guy I was seeing, and then found out he was cheating, when I left he told me if I ever spoke to anyone about him or what he did I would regret it. I didn’t do anything wrong, he was emotionally, financially, psychological and sexually abusive but I was the one threatened.
I was under a lot of duress and i said to another worker “don’t be suprisee if one day your vehicle has a flat” also I said in my reaction, if this happened where I grew up you would be in trouble” We work on a farm building a home for the owner. Several vehicles have had flats onsite . Does this constitute a charge of “uttering threats” as I have received a call from the local OPP saying they have grounds to charge me and that I need to turn myself in. Please reply,thank you
If you didn’t cause the flats, you definitely set yourself up to be framed for it. Lesson no. 1 shut up, think then actor don’t. Idle talk will get you in trouble from haters or jealous pieces of garbage. You gave him that weapon and now he’s using it on you. He turned the tables.
My husband in the courthouse told me “ I am a danger to you, to our children,
Is this a threat ?
How can someone prove they were threatened?
I was verbally threatened… like they actually said “you will be dead” but it was just him and i, no witnesses…. how do you prove that?
Thank you
some lady cut my buoy . drove by and saw it on her beach. I confronted her and an argument insued . I told her she has made a enemy out of me and I willbget her back . she said you are threatening me. I said I’m not threatening you . I just said I will get you back .
is this a threat