The definition of uttering threats is found in the Criminal Code at section 264.1. Generally anyone can be charged with uttering a threat if they utter, convey or cause any person to receive a threat:
(a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person.
What if the threat is not said directly to the intended target, but said to a third person?
The accused need not utter the threat directly to the intended victim to be found guilty. When the accused does not utter the threat directly but rather threatens to harm the intended victim to a third person, it is not a valid defence to argue that the accused did not intend that third person to communicate the threat to the intended victim for the crime to be established. It is not even necessary for the intended victim to be aware of the threat in order to be found guilty of the offence.
What is the requirement to establish a threat in law?
The Crown must prove that the accused knowingly made the threat and that he or she intended the threat to be taken seriously so as to produce a fear or sense of alarm in the mind of the recipient.
What happens if the recipient of the threat did not take the threat seriously?
In law, all that is required is that the person making the threat intended the threat to be taken seriously. The fact that the person receiving the threat was not intimidated or scared or did not take it seriously does not constitute a defense to the charge of uttering threats.
What if the threat was impossible to carry out?
Even in a situation where the accused makes a threat, he could not carry out he may still be found guilty of the offence. The central focus for the judge in deciding whether or not a threat was made will be on the maker's intention when the words were uttered (was it meant to be taken seriously so as to produce a fear or reaction of alarm in the recipient’s mind) - not on the present ability to carry out the threat.
There is no substitute for strong, experienced legal representation when going through the criminal justice system. Call Ranbir S. Thind at 1.780.784.1295 or email [email protected] to arrange a consultation to discuss your situation and for a sound legal advice and representation.