Uttering Threats Charge in Ontario: Penalties & Defences (2026)

Short answer: An uttering threats charge in Ontario falls under section 264.1 of the Criminal Code. Threatening death or bodily harm carries up to five years in prison on indictment; threatening property or an animal, up to two years. The Crown must prove a reasonable person would see the words as a threat and that you meant them to intimidate or be taken seriously. Many cases end in a peace bond, withdrawal or discharge.

Uttering threats is one of the most common charges we see in Toronto, and one of the most misunderstood. People are often charged over a single heated sentence — said in an argument, texted, or posted online — and end up on strict bail conditions, barred from going home. This guide explains what the offence actually requires, what penalties apply in 2026, and how these cases are usually resolved.

What is uttering threats under section 264.1?

Section 264.1 makes it an offence to knowingly utter, convey or cause anyone to receive a threat to do one of three things:

• 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 belongs to someone.

The words “in any manner” matter. A threat does not have to be spoken face to face. It can be made by phone, voicemail, text, email, direct message, a social media post or comment, or passed along through a third person. The threat does not have to reach the person it is about, and that person does not have to feel afraid.

Uttering threats penalty in Canada

Uttering threats is a hybrid offence, which means the Crown chooses whether to proceed summarily (the less serious route) or by indictment. The maximum penalties are:

• Threats of death or bodily harm: up to five years in prison if the Crown proceeds by indictment.
• Threats to property or animals: up to two years in prison on indictment.
• Summary conviction (either type): the general summary maximum of up to two years less a day in jail and/or a fine of up to $5,000.

There is no mandatory minimum sentence, so the range runs from a discharge or probation to jail in serious or repeat cases. Courts look at the words, the context, the history between the people involved, any record, and whether a weapon was mentioned. A threat against an intimate partner or family member is aggravating. A conviction can also bring a weapons prohibition order, and where the Crown proceeds by indictment and the threat was made against an intimate partner or a member of their family, that prohibition is mandatory.

What the Crown must prove

The Supreme Court of Canada has set out a two-part test, beginning with R. v. McCraw (1991) and R. v. Clemente (1994) and restated in R. v. McRae (2013).

1. The words were a threat (objective test)

The question is whether a reasonable person, fully aware of the circumstances in which the words were said or sent, would have understood them as a threat of death or bodily harm (or of harm to property or an animal). Courts start with the plain meaning, but context — tone, relationship, what came before — can change it entirely.

2. You meant them to intimidate or be taken seriously (subjective test)

The Crown must also prove that you intended the words to intimidate or to be taken seriously. It does not have to prove that you planned to carry out the threat, or that you intended the words to reach the person named. Because nobody can see inside your head, judges infer intent from the words and the surrounding circumstances.

Jokes, anger and context

“I didn’t mean it” is not a defence by itself — but context often decides these cases. Common defence themes include:

• Obvious jokes, sarcasm or hyperbole that a reasonable person who knew the situation would not read as a real threat.
• Venting, not threatening. Angry words never meant to intimidate anyone may not meet the mental element.
• Conditional or ambiguous statements where the meaning is genuinely unclear.
• Credibility. Many threats cases are one person’s word against another’s, often amid a breakup, custody dispute or workplace conflict.
• Authorship — who actually controlled the account or phone?

Threats by text message and social media

Electronic threats leave a permanent record — but so does the rest of the conversation. A single message quoted in a police synopsis can read very differently alongside the messages before and after it, the emojis used, or a running joke between friends. We review the entire thread, not just the line police highlighted. Public posts also raise the question of who the intended audience was and whether anyone could reasonably take the post as real.

Bail conditions after a threats charge

Many people are released by police on an undertaking; others are held for a bail hearing, which in Toronto takes place at the Toronto Region Bail Centre at 2201 Finch Avenue West. Typical conditions include no contact with the complainant, staying away from their home or workplace, not possessing weapons, and sometimes not posting about the complainant online. When the complainant is a spouse or roommate, these conditions can mean you cannot return home. Breaching a condition is a separate offence, even if the other person reaches out to you first. Conditions can often be varied later. Our guide to bail hearings in Ontario explains the process.

How uttering threats charges are commonly resolved

Depending on the evidence, your background and the complainant’s position, realistic outcomes include:

• Withdrawal where the evidence is weak or the Crown no longer has a reasonable prospect of conviction.
• A peace bond — you agree to keep the peace and follow conditions for a set period, usually up to 12 months, and the criminal charge is withdrawn. A peace bond is not a conviction. See our explanation of the section 810 peace bond in Ontario.
• Diversion in some first-offence cases, often involving counselling.
• A discharge after a guilty plea, which avoids a conviction. Learn the difference between an absolute and conditional discharge.
• Trial, where the Crown must prove both parts of the test beyond a reasonable doubt.

Uttering threats vs. criminal harassment (section 264)

Threats sometimes come with a second, more serious charge. Criminal harassment under section 264 involves conduct such as repeatedly following, contacting, watching or tracking someone, or threatening them or someone they know, where you knew or were reckless about whether they were harassed and the conduct could reasonably be expected to make them believe their safety, or the safety of someone they know, is threatened. It carries a maximum of 10 years on indictment. Both are covered on our harassment and threats defence page.

Frequently asked questions

Can I be charged with uttering threats if the person never heard the threat?

Yes. The threat does not have to reach the person it was about. Telling a third person that you will hurt someone can be enough if the words were meant to be taken seriously by the person you said them to.

Is a threat made in anger or as a joke still a crime?

It can be, but context is critical. If a reasonable person who knew the circumstances would not see the words as a real threat, or you did not mean them to intimidate or be taken seriously, the offence is not made out.

Will an uttering threats charge give me a criminal record?

Only if you are convicted. A withdrawal, peace bond, acquittal or discharge is not a conviction, although police records of the charge can remain for a time.

Can the complainant drop the charges?

No. In Ontario the decision belongs to the Crown, not the complainant. The complainant’s wishes can still influence how the Crown approaches the case.

Speak with a Toronto uttering threats lawyer

Aaron M. Spektor (LSO #51731A) has defended threats and harassment charges in Toronto and across the GTA for 30 years, and he handles every file personally. Before you speak to police or contact the complainant, call (416) 599-1900 — intake is answered 24/7 — or book a free, confidential consultation.

Sources

• Criminal Code, s. 264.1 (Uttering threats) — Justice Laws
• Criminal Code, s. 264 (Criminal harassment) — Justice Laws
• Criminal Code, s. 787 (Summary conviction penalties) — Justice Laws
• Criminal Code, s. 109 (Mandatory weapons prohibition) — Justice Laws
• Criminal Code, s. 810 (Peace bonds) — Justice Laws

This article is general information about Ontario criminal law, not legal advice. Every case turns on its own facts; speak with a lawyer about your specific situation.