When clients come to me worried about charges for uttering threats, stalking or harassment, I like to tell them: take a deep breath. These situations can seem very scary, but when they finally make it to court they usually turn out to be pretty minor, unless combined with other criminal conduct. The full provisions are in the Criminal Code; the Department of Justice Canada publishes detailed information on criminal harassment.
Threats to Harm
Uttering threats is communicating something that could make someone fear for their safety. It can be verbal, written, through text messages, emails, or even social media posts. It doesn't have to be a huge, dramatic threat, sometimes even a small comment can meet the legal definition if it reasonably causes fear. Threats made between intimate partners often connect to domestic violence matters.
Harassment and Stalking
Harassment is broader, it's the stalking charge. It's habitual behaviour that makes someone feel seriously unsafe, and can be done virtually, over the phone, or in person. It can include following someone, repeatedly contacting them, sending unwanted messages, or any ongoing pattern of attention that crosses a line of reasonableness. Online harassment may also be charged as cybercrime.
Real-World Outcomes
For first-time offenders, uttering threats typically results in diversion (counselling, volunteering, followed by withdrawal), conditional discharge, probation, or a fine. Imprisonment and even a criminal record is extremely rare for threats with no history of offences. In practice, a single threat made in anger is usually resolved without a criminal record or jail.
Mitigation Strategies
- Demonstrating the threat was made in a moment of anger without actual intent to harm, made more plausible by volunteering and therapy
- Showing harassment stopped once police or victim intervention occurred
- Providing evidence of counselling, volunteering, or other upfront work
- Highlighting lack of prior criminal record, positive community ties, and willingness to comply with court orders
Domestic harassment or threats are treated especially seriously because of the risk of escalation. Judges and prosecutors consider factors like prior domestic violence, coercive control, and ongoing risk to the victim. For trial strategy, see my guide to criminal trials in Toronto. Contact me for a free consultation; see also our FAQ.
