Assault by Threat or Unlawful Confinement

Uttering Threats under Section 264.1 of the Criminal Code involves knowingly threatening a person, their property, or their pets. It is a hybrid offence with penalties of up to 5 years in prison if proceeded by indictment, depending on the nature of the threats.

It is an offence to knowingly utter or convey a threat to a person, their property, or their pets or animals. Threatening to cause a person bodily harm or death, destroy or damage their property, or kill, poison or injure their pets can result in a criminal charge. The threat must be made with the intention that it be taken seriously. However, the actual ability or intention to carry out the threat is generally irrelevant. In addition, the threat can be made indirectly, for example, by conveying the threatening message through another person.

There are no mandatory minimum penalties. However, possible penalties include a suspended sentence, a conditional sentence, a fine, and imprisonment, with or without a fine. This is a hybrid offence, which means that the Crown can elect to proceed by way of indictment or summarily. If the Crown elects to proceed by way of indictment, the maximum penalties depend on whether the threats are made against an individual, their property, or their pets. An indictable election carries a maximum sentence of 5 years incarceration for threats against an individual and 2 years incarceration for threats against property or a pet. If the Crown proceeds summarily, the maximum sentence is 2 years of incarceration, a fine of $5,000, or both, regardless of the target of the threats.