Our Lawyers is experienced in defending cases of threat. Read along to find out what happens if you are ever charged with threat.
Uttering a threat is a crime in Canada.
It is written in Section 264.1 of the Criminal Code, which reads as follows: Everyone commits an offence who, in any manner, knowingly utters, conveys or causes 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. An uttering threat charge can arise out of a conflict between individual, domestic partners, workplace disputes, etc. If any person threatens someone either in person or via social media or text message or any other mode of communication, they can be charged with committing the offence of uttering threat if the threat falls under one of the circumstances defined above. The crown must prove that the accused knowingly caused the threat. The Crown does not need to prove that the accused intended to carry out the threat. In some cases, even silence can amount to threat if it is accompanied by some behavior, which makes the victim reasonably believe that the silent person is conveying a threat defined above. An example of this kind of threat would be making a gun pointing gesture at someone with context.
There can be many defences available to an uttering threat charge and Kahlon Law can help you understand your options. If you or your family member has been accused of threatening someone, give us a call at 1-(647) 978-8444 or click here to schedule a free one-hour consultation in Toronto.