It is a criminal offence to utter, convey or cause a person to receive a death threat, or a threat of bodily harm, according to s. 264.1 of the Criminal Code of Canada.
“Bodily harm” is defined under s. 2 of the Codeas “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”
The Crown must prove that (a) a threat of death or bodily harm was made, and (b) that the words were expressed as a threat with the intent to intimidate or to be taken seriously.
Defending these charges often involves issues including:
(1) Whether the accused actually made a threat. In this context, the credibility of the complainant could be at issue;
(2) Whether the threat was in relation to the death or bodily harm of the complainant; and
(3) Whether the threat was intended to intimidate or to be taken seriously.
For a free legal consultation with respect to these offences, call Captan Law today!