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Criminal Code ss. 264, 264.1

Harassment & Threats

Criminal harassment and uttering threats, including messages, social media, and phone calls. Context and intent are everything.

Uttering threats (s. 264.1)Up to 5 years by indictment
Criminal harassment (s. 264)Up to 10 years by indictment
Charge typeHybrid
Common conditionsNo contact, no communication

Uttering Threats

The Crown must prove you knowingly uttered or conveyed a threat to cause death or bodily harm, to damage property, or to harm an animal, and that you meant it to be taken seriously or to intimidate. Words are judged in their full context, as a reasonable person would understand them. Anger, jokes, and exaggeration are not always threats.

Criminal Harassment

Criminal harassment involves repeated communication, following, watching, or threatening conduct that causes the other person to reasonably fear for their safety, where you knew, or were reckless about whether, they were harassed. It is often charged alongside separations, workplace disputes, and online conflicts.

How We Build Your Defence

Every defence starts with your disclosure. These are the issues we look at closely:

  • The full context of the words or messages
  • Whether the words were meant to intimidate or be taken seriously
  • Whether the complainant’s fear was reasonable
  • Two-way communication that undercuts the allegation
  • Authenticity and completeness of screenshots

Common Questions

It was only a text. Can that really be a threat?

Yes. Texts, voicemails, and social media posts can all be threats. Their meaning is assessed in context, which is often where the defence lies.

Should I delete my messages?

No. Deleting evidence can create serious new problems, and your own messages may help your defence. Preserve everything and get advice.

Could this be resolved with a peace bond?

In some cases, yes. A peace bond is a common resolution for threats and harassment charges, and it does not result in a criminal record.

This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.

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