Uttering Threats Lawyer Toronto

Andrew Captan is a Uttering Threats Lawyer Toronto who has been practicing criminal law for over 10 years.  In this article, he answers commonly asked questions he faces in his practice – both by clients and from other lawyers.  For more information about the charge of Uttering Threats, you can reach him via his website HERE.

How to locate an uttering threats lawyer in Toronto

You can always begin by asking friends or family for a referral to a criminal lawyer.  However, many people do not want to disclose that they are in criminal trouble and skip this step.  Some additional ways include:

• Conducting searches on Google, using key words such as Uttering Threats Lawyer Toronto, Toronto Threats Lawyer, Utter Threats Lawyer Toronto, and the like
• Obtaining a referral from Legal Aid Ontario
• Locating a lawyer, who may offer reduced fees, on the Justice Net platform

Is threatening someone a crime in Toronto, Ontario?

The answer to this depends on what the threat is.  A threat is a crime only if it meets the definitions set out under s. 264.1 of the Criminal Code of Canada.  According to that section, it is a criminal offence to utter, convey or cause a person to receive any one of the following types of threats:

• A death threat
• A threat to cause bodily harm
• A threat to burn or damage real or personal property (a house, car, etc)
• A threat to kill, poison or injure an animal or bird that belongs to a person

The most common types of threats that an Uttering Threats Lawyer Toronto will see within their practice are threats of bodily harm or death.  These often arise in situations of domestic violence, and are coupled with other criminal offences, such as Assault, Mischief and Criminal Harassment.

What does bodily harm mean?

One of the most common types of Uttering Threat Charges in Toronto is Uttering Threats of bodily harm.  What is bodily harm, though?

“Bodily harm” is defined under s. 2 of the Code as  “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.”

If you’ve been charged with Uttering Threats of bodily harm, you should review your disclosure with an experienced Uttering Threats Lawyer Toronto, because the police may charge you with an offence even though what you said does not amount to a threat of bodily harm, as defined by the Criminal Code.

How is the offence of uttering threats proven?

The leading case on the elements of this offence is  R v McRae, 2013 SCC 68.  The Crown must prove that:

• a threat of death or bodily harm was made;
• the words were expressed as a threat with the intent to intimidate or to be taken seriously. 

The accused need not intend to carry out the threat to be found guilty.  In order to determine what was going through the accused’s mind when making the alleged threat, a court will often have to draw reasonable inferences from the words and the circumstances, including how the words were perceived by those hearing them.

An Uttering Threats Lawyer Toronto will review your disclosure and determine whether there is sufficient evidence to establish each of these elements of the offence. If there is not, a defence strategy can be built to attack the Crown’s case.

What evidence is required for an uttering threats charge in Canada

If you feel you have been the victim of a threat, you can make a report to the police who will investigate.  While it is common for corroborating evidence to be presented to police to confirm the threat was made, such as copies of e-mails, texts, voice recordings, etc, that is not a legal requirement.  Your statement alone is considered evidence, and may be sufficient for charges to be laid provided that the police believe, on reasonable grounds, that the words spoken to you amount to a criminal threat.  You can obtain advice from a Uttering Threats Lawyer Toronto if you’re unsure of whether you have a valid claim.

Is it required that the intended recipient know about the threat

The Crown does not have to prove that the intended recipient of the threat was made aware of it.  Nor does the Crown have to prove that the intended recipient was intimidated by it or took it seriously.   The focus is on the words spoken by the accused and the intent of the accused when speaking said words.  Furthermore, the words need not be directed to a specific person; a threat against a group of people is sufficient

Can you beat uttering threats charges in Canada

It is legally possible to win any criminal case in Canada, including an Uttering Threats case.  “Beating” the case may involve convincing the Crown Attorney to withdraw the charges or to win the case at a trial in front of a Judge.  An Uttering Threats Lawyer Toronto will pay attention to a number of factors in order to try and win your case.  Some of the following strategies may be used:

(1) Challenging whether the accused actually made a threat.  In this context, the credibility of the complainant could be at issue;

(2) If the Crown can prove that words were spoken or written by the accused, challenging that a threat was in relation to the death or bodily harm was made;

(3) Challenging whether the threat was intended to intimidate or to be taken seriously, which is an element of the offence.

(4) Challenging the identity of the alleged threat maker, for example where a threat is made on a social media account and the police make an arrest by tracing the IP address

What is the minimum penalty for uttering threats in Canada

Minimum punishments for criminal offences are the exception, not the norm. For the Uttering Threats charge, there are no minimum punishments at all. 

What is the maximum penalty for uttering threats in Canada

The maximum punishment for Uttering Threats will depend on whether the Crown proceed by summary conviction or indictment.  By summary conviction – the more common method of proceeding – the maximum punishment is a $5,000 fine and/or a jail term of two years less a day.

If the Crown proceeds by indictment (which occurs in more serious Uttering Threats cases), the maximum penalty is a term of jail of 5 years.

If you’ve been charged with Uttering Threats in Ontario, speak to an experienced Uttering Threats Lawyer Toronto to discuss the potential penalties or outcomes in your circumstances, as each case is different.

Can you go to jail for uttering threats in Canada

Yes – it is possible to go to jail for Uttering Threats in Canada, given that the maximum punishments allow for jail time either on a summary conviction or indictable election.  Just because jail is a possible outcome, that does not mean you will receive a jail sentence.  In fact, if you retain an Uttering Threats Lawyer Toronto, you will likely drastically reduce the risk of a jail sentence.

Jail in uttering threats cases becomes more likely in the following circumstances:

• The offender has a criminal history for similar behaviour
• The threat impacted a community rather than just an individual (such as a bomb threat at a school or airport)
• The threat targeted a vulnerable party and impacted that person adversely
• There were repeated threats over a lengthy period of time

In all of these situations, jail becomes a possibility, and your best course of action is to review your case with a Uttering Threats Lawyer Toronto.

Andrew Captan – Uttering Threats Lawyer Toronto

If you’ve been charged with an uttering threats charge, whether it be domestic or non-domestic, contact Andrew Captan – an experienced Uttering Threats Lawyer in Toronto for a free case review.  Andrew does not “sugar coat” your situation and provides you an honest and realistic approach to defending your charges.  Call him at (647) 878-6355, e-mail him at andrew@captanlaw.com or visit his website HERE.