Most people charged with uttering threats have no criminal record and never meant to act on anything. A few words said in anger, often by text, are enough to bring the charge. How it ends depends on what happens next.
Uttering threats is set out in section 264.1 of the Criminal Code. A person commits the offence when they knowingly utter, convey, or cause someone to receive a threat to cause death or bodily harm, to damage property, or to harm an animal. It is a hybrid offence, which means the Crown can proceed summarily or by indictment. The charge appears constantly in everyday disputes: an argument between neighbours, a heated message to an ex, words exchanged during a breakup, or a comment made in the heat of a workplace conflict. Many of the people charged are otherwise law-abiding and are stunned to be in a criminal courtroom at all.
What the Crown Actually Has to Prove
The Crown must prove two things. First, that the words, viewed objectively in their full context, were a threat of death or serious bodily harm. Second, that you intended the words to intimidate or to be taken seriously, rather than as a joke, an idle outburst, or venting. The Supreme Court of Canada has been clear that the offence targets genuine threats, not every angry or careless remark. Context is everything: tone, the relationship, what was happening at the time, and whether anyone reasonably feared the words would be carried out. This is where many of these cases are won or narrowed.
Threats by Text and Social Media
A large share of uttering threats charges today come from text messages, direct messages, and social media. People assume a message sent in frustration disappears, but a screenshot becomes the central evidence in the file. Written words also carry a risk that spoken ones do not, because the tone that would have made an in-person comment obviously non-serious is stripped away on a screen. The other side of that is that the full conversation, not just the one message the complainant reported, often tells a very different story, and obtaining that full record is part of the defence work.
The Conditions That Come With the Charge
Even before the case is resolved, an uttering threats charge usually comes with release conditions. A no-contact order with the person named as the complainant is standard, and where that person is a co-worker, a neighbour, or a former partner who shares space with you, the condition can disrupt your job, your housing, or your access to your own children. Breaching a condition is a separate offence, so the terms have to be understood and, where they are unworkable, varied through the court. Sorting this out early prevents a manageable charge from turning into several.
Why Early Private Representation Matters
Because so many of these charges arise from a single moment rather than a pattern, they are often well suited to an early resolution that avoids a criminal record. A private retainer lets a lawyer engage the Crown before positions harden, present the context, and propose a resolution while the file is still fresh. Acting early, rather than waiting until the case has been bounced through several appearances with duty counsel, frequently produces a better outcome. Our fees page explains how a retainer works.
Resolving Without a Conviction
For a first charge with no injury and no weapon, common resolutions include a peace bond under section 810, diversion, or a withdrawal after a short period of counselling or good behaviour. Each can leave you without a criminal record, which matters for your job, your ability to cross the border, and your future. Our guide on avoiding a criminal record sets out why that goal is worth pursuing from day one.
If you have been charged with uttering threats in Toronto or across the GTA, the words at the centre of the case deserve a careful, context-driven defence. A Toronto uttering threats lawyer can review the allegation and your options in a free consultation.