In the heat of an argument or a moment of frustration, people sometimes say things they do not mean. However, in Canada, certain words cross the line into criminal conduct.
A charge of uttering threats does not require that you actually harmed someone or attempted to do so. The words themselves can form the basis of a criminal conviction for uttering threats. At White and Jeet Law, we believe it is vital for Albertans to understand how the law interprets a charge for uttering threats, the potential penalties involved as well as the defences available.
1. Understanding the Charge: Section 264.1 of the Criminal Code
Under Section 264.1 of the Criminal Code, it is an offence to knowingly utter, convey, or cause any person to receive a threat to:
Cause death or bodily harm to any person;
Burn, destroy, or damage real or personal property; or
Kill, poison, or injure an animal or bird that is the property of any person.
The law covers threats made in any manner. This means you can be charged for threats made verbally (face-to-face or over the phone), in writing (such as text messages, emails, or letters), or over social media platforms.
2. The Common Law Test
For the Crown Prosecutor to secure a conviction for uttering threats in an Alberta court, they must prove both the physical act (actus reus) and the mental intent (mens rea) beyond a reasonable doubt.
The Physical Act (Actus Reus)
The Crown must prove beyond a reasonable doubt that a threat was actually conveyed. Alberta courts use an objective test to determine this: would a reasonable person, considering the context and the words spoken, interpret the communication as a threat of death, bodily harm, property damage, or harm to an animal? The intended victim does not necessarily have to be the one who heard the threat, nor do they even have to be afraid. The focus is on the nature of the words themselves.
The Mental Intent (Mens Rea)
This is often the most contested part of an uttering threats trial. The Crown must prove beyond a reasonable doubt that you intended the words to be taken seriously as a threat or acted recklessly regarding whether they would be taken seriously.
3. Penalties for Uttering Threats
Uttering threats is a hybrid offence, meaning the Crown can choose to proceed summarily (for less serious allegations) or by indictment (for more serious cases). The penalties vary depending on the nature of the threat:
Threats of Death or Bodily Harm: If the Crown proceeds by indictment, the maximum penalty is five years in prison. If they proceed by summary conviction, the maximum penalty is 18 months in jail and/or a $5,000 fine.
Threats to Property or Animals: If proceeding by indictment, the maximum penalty is two years in prison. On summary conviction, the maximum is up to 18 months in jail or a fine.
A conviction may result in a permanent criminal record, which can in turn impact employment opportunities, immigration status and international travel. Courts may also impose mandatory weapons prohibitions and DNA data bank orders upon conviction.
4. Defences Against Uttering Threats in Alberta
Being charged with uttering threats does not guarantee a conviction. At White and Jeet Law, we carefully analyze the context of the incident to build a strong defence. Common legal defences include:
Lack of Intent: Since the Crown must prove you intended the words to be taken seriously, a strong defence can often be built by showing the words were spoken purely as a figure of speech, a joke, or an impulsive outburst of frustration with no intent to intimidate.
Ambiguity or Lack of Context: Words taken out of context can seem threatening. We can present evidence of the full conversation or the relationship between the parties to demonstrate that the statement, when viewed in its entirety, did not meet the objective standard of a threat.
False Allegations: Unfortunately, uttering threats charges are sometimes fabricated or exaggerated in the context of high-conflict divorces, child custody battles, or civil disputes. Through rigorous cross-examination, skilled defence counsel can expose inconsistencies and hidden motives in the complainant’s testimony.
Charter Violations: If the police violated your rights under the Canadian Charter of Rights and Freedoms—such as failing to read your rights upon arrest or unlawfully seizing your phone to obtain text messages—the evidence gathered may be excluded from the trial.
5. Defending Your Future with White and Jeet Law
An uttering threats charge often comes down to credibility, context, and a strict legal analysis of your intent. Because a conviction carries consequences, including the risk of incarceration and a permanent criminal record, it is essential to have an experienced defence team in your corner.
If you or a loved one has been charged with uttering threats under Section 264.1 of the Criminal Code, contact White and Jeet Law. Our dedicated legal team understands the nuances of the Criminal Code and common law, and we are committed to providing a robust defence to protect your rights, your reputation, and your freedom.
