Let’s say your significant other shared some embarrassing information about you in public. It is not uncommon for someone to jokingly react with “I am going to kill you!”. However, you may want to think twice about that comment. Let’s talk about uttering threats under the Criminal Code.
What Is Uttering a Threat?
Under Section 264.1 of the Criminal Code, uttering threats is when someone knowingly threatens:
- to cause death or bodily harm to any person,
- to destroy or damage someone’s property,
- to kill, poison, or injure an animal that belongs to someone.
So yes, telling someone you are going to “burn it all down” or that you are going to” teach their dog a lesson”, can constitute a threat. Even if the threat may appear to be an empty one, you could find yourself with a criminal charge.
Uttering threats goes beyond simply telling someone you are going to kill them or stab them or burn their house down. Those are the extremes and much more serious types of threats. Threats can include insinuating going after someone’s family members or pets or belongings, threatening to rip someone’s heart out, threats to break someone’s phone, threats to have an innocent looking animal get them. It can also include gestures such as slashing someone’s throat or pretending to break something. Some of our everyday actions can be legally threatening if observed or heard by the wrong person.
What if I was Joking?
Even if you are clearly kidding, such as “if you eat that last chip, I will put the bag over your head”, if another person takes that threat seriously or feels threatened, you could be in some legal trouble.
The Crown doesn’t have to prove you intended to follow through with the threat—just that you meant to say it, that a reasonable person could see it as threatening and that you had the means to follow through with it. Tone can mean everything. Sarcasm might not save you if someone legitimately feels as though they are being threatened.
On the other hand, the person you may be threatening may not even know you threatened them and you can still be charged. Remember that text you sent to a friend that said you were going to smash another person’s face in? That is also uttering a threat.
Consequences of Uttering Threats
If you are convicted of uttering threats, you could face a range of consequences from a peace bond to a discharge to jail time. If the Crown proceeds by indictment, you could face a jail sentence up to five years for death threats and threats to bodily harm, and two years for threats to property and animals.
Moral of the Story
Words matter. The way they are perceived matter. Do not let emotions boil over and say something that you may end up regretting. Take an extra second to think about what you are going to say. Even if you think it may be harmless, think about how another other person may perceive it, especially if you do not know them or are in a tense situation.
If you are charged with uttering threats, contact us at Acumen Law for a free consultation.