Defending Uttering Threats and Criminal Harassment Charges

Words sent in anger, a run of unanswered messages, or repeated visits to someone’s home or workplace can each lead to a criminal charge. This page explains the offences of uttering threats and criminal harassment, and the related charges that often come with them. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a charge of uttering threats or criminal harassment.

Uttering threats

Section 264.1 of the Criminal Code makes it an offence to knowingly utter, convey or cause any person to receive a threat to cause death or bodily harm to any person, to burn, destroy or damage property, or to kill, poison or injure an animal that belongs to someone. The threat can be made in any manner: in person, by phone, by text, in a voice note or in a social media post.

The Crown must prove that the words, read in their context, would be understood by a reasonable person as a threat, and that the accused meant them to intimidate or to be taken seriously. The Crown does not have to prove that the accused intended to carry the threat out, or that the person threatened ever received it or was frightened (R v McRae, 2013 SCC 68). Context is therefore central: the relationship, the tone, what came before and after, and whether the words were a joke, a figure of speech or a real warning.

Criminal harassment

Criminal harassment, often called stalking, is set out in section 264. The Crown must prove that the accused engaged in one of the listed kinds of conduct without lawful authority, that the accused intended to harass the other person or knew or was reckless about it, and that the conduct could reasonably be expected to make the other person believe that their safety, or the safety of someone they know, was threatened. Safety includes psychological safety. The listed conduct, which can be done in person, by telecommunication or by any other means, is:

• repeatedly following the person or someone known to them from place to place;
• monitoring the location, movements, actions or social interactions of the person or someone known to them;
• repeatedly communicating with the person or someone known to them, directly or indirectly;
• besetting or watching the place where the person lives, works, carries on business or happens to be;
• engaging in threatening conduct directed at the person, or at anyone or any animal known to them.

Where these charges usually come from

• The end of a relationship. Repeated calls and messages after a separation, visits to the home, or contact through friends and relatives.
• Disputes between neighbours, co-workers or business contacts. Heated words that are later reported.
• Online activity. Posts, comments, tagging, location tracking apps or shared account access used to follow what another person is doing.
• Family court conflict. Messages about parenting or money that move from firm to threatening.

Where the complainant is a current or former partner, the bail and sentencing rules for intimate partner cases apply. See domestic assault charges.

Issues a defence lawyer looks at

Digital evidence decides many of these cases, and it must be read whole. A screenshot shows part of a conversation and may leave out the messages that give it meaning. A lawyer will ask for the full thread, the dates and times, and proof of who controlled the account or phone that sent the messages. In a threats case the questions are what the words meant in context and what the sender intended. In a harassment case the questions include whether the conduct was repeated, whether there was a lawful reason for the contact, such as arranging parenting exchanges or returning property, whether the accused knew the contact was unwelcome, and whether the fear described was reasonable in all the circumstances. Charter issues can also arise from how phones and accounts were searched.

How these cases can end

The outcome depends on the evidence, the history between the people involved and the person’s record. Some cases are withdrawn. Some end with a peace bond under section 810 of the Criminal Code, which is a promise to keep the peace and follow conditions, usually including no contact, for up to 12 months. A peace bond is not a finding of guilt, but breaking it is an offence. Where there is a finding of guilt, the court may consider a discharge, probation with counselling, a fine or jail. No lawyer can promise a result.

First steps if you are charged or contacted by the police

1. Stop all contactDo not send a message to explain or apologize. Further contact can become evidence, or a new charge if a condition is in place.
2. Keep the full recordDo not delete messages, posts or call logs. Save complete conversations, not selected parts.
3. Do not post about itAvoid comments about the complainant or the case online, and ask relatives to do the same.
4. Speak with a lawyer before speaking with the policeYou have the right to remain silent. A lawyer can find out what the allegation is and advise you on how to respond.

How Law Wise helps

• Reviewing the complete message history and the Crown’s disclosure.
• Assessing whether the words or conduct meet the legal test for the charge.
• Seeking workable release conditions, especially where parenting exchanges or a shared workplace are involved.
• Discussing resolution with the Crown where appropriate, and defending the charge at trial where it is not.

Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about threats and harassment charges

This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.