Uttering Threats (Sentencing Cases)

This page was last substantively updated or reviewed January 2014. (Rev. # 90260)

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Offence Wording

Assaults

Uttering threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, poison or injure an animal or bird that is the property of any person.

Punishment

(2) Every one who commits an offence under paragraph (1)(a) [threats – harm animal] is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Idem

(3) Every one who commits an offence under paragraph (1)(b) [threats – damage property] or (c) [threats – harm animal]

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16; 2019, c. 25, s. 92.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Uttering Threats to Cause Bodily Harm or Death

Case Name	Prv.	Crt.	Sentence	Summary
R v Graham, 2022 ABPC 17 (CanLII), per Stevenson J	AB	PC	3.5 years imprisonment (global) 6 months imprisonment (threats)	Find summaries of case.
R v Pecinka, 2022 ABPC 81 (CanLII), per J	AB	PC	8 months imprisonment (global) 2 months imprisonment (breach) 6 months imprisonment (threats)	Find summaries of case.
R v Williams, 2022 BCPC 31 (CanLII), per Doulis J	BC	PC	60 days imprisonment (threats)	Find summaries of case.
R v Price, 2022 NLSC 30 (CanLII), per O'Brien J	NL	SC	2 months imprisonment (threats) 12 months imprisonment (pointing)	Find summaries of case.
R v Benoit, 2022 NLSC 125 (CanLII), per Noble J	NL	SC	450 days imprisonment (B&E) 60 days imprisonment (threats)	Find summaries of case.
R v Boutilier, 2022 NSPC 8 (CanLII), per van der Hoeck J	NS	PC	Suspended Sentence plus 1 year probation	Find summaries of case. }
R v Charbonneau, 2022 QCCQ 380 (CanLII), per Provost J	QC	PC	Conditional Discharge plus 12 months probation	Find summaries of case.
R v Rousseau, 2022 QCCQ 934 (CanLII), per J	QC	PC	1 years imprisonment (threats) 1 years imprisonment (sex assault)	Find summaries of case.
R v GTA, 2021 BCCA 425 (CanLII), per J	BC	CA	3 years imprisonment (interference) 4 months imprisonment (threats)	Find summaries of case.
R v Manuel, 2021 BCPC 310 (CanLII), per Frame J	BC	PC	Conditional Discharge plus 12 months probation	Find summaries of case.
R v Chaulk, 2021 CanLII 81813 (NL PC), per Gorman J	NL	PC	Conditional Dischargeplus 2 years probation	Find summaries of case.
R v Sandhu, 2021 ABPC 217 (CanLII), per Barley J	AB	PC	21 months imprisonment (assault /w weapon and threats) 30 days imprisonment (breach)	Find summaries of case.
R v Garvin, 2021 ONCJ 496 (CanLII), per Wadden J	ON	PC	6 months imprisonment (threats)	Find summaries of case.
R v Yektas, 2021 QCCQ 9645 (CanLII), per Belisle J	QC	PC	11 months imprisonment (global) 3 months imprisonment (threats) plus 2 years probation	Find summaries of case.
R v Paiement, 2021 QCCQ 10265 (CanLII), per J	QC	PC	3.5 years imprisonment (global) 2 months imprisonment (threats) 20 months imprisonment (sex assault) 10 months imprisonment (voyeurism)	Find summaries of case.
R v Freake, 2012 NLCA 10 (CanLII), per Welsh and Rowe JJA	NL	CA	2 months imprisonment	Offender told social worker that he had a desire to chop up the ex-partner and their child and put them in a suitcase. Find summaries of case.
R v Carlson, 2011 CanLII 80608 (NLPC), [2012] NJ 443 (PC), per Gorman J	NL	PC	discharge (JR)	offender asked for $300 from father for work done, argument arose, offender threatened to kill father and damage vehicle, he threw his father against kitchen counter, alcohol involved Find summaries of case.
R v Noor, 2011 BCSC 1629 (CanLII), per Arnold-Bailey J	BC	SC	discharge granted	road rage; uttering threats Find summaries of case.
R v Rowe, 2006 CanLII 32312 (ON CA), CCC (3d) 254, per Sharpe JA	ON	CA		Find summaries of case.
R v Bytyqi, 2004 CanLII 14964 (ON CA), , 186 OAC 114 (CA), per curiam	ON	CA		Find summaries of case.
R v Stiliadis, 2004 CanLII 18520 (ON CA), per curiam	ON	CA		Find summaries of case.
R v Rowe , 1995 CanLII 9875 (NL CA), per Steele JA	NL	CA	4 months imprisonment	uttering threats while wielding an axe at a person dating offender’s former spouse Find summaries of case.

Uttering Threats to Damage Property or Harm Animals

Case Name	Prv.	Crt.	Sentence	Summary
R v Testawitch, 2022 BCPC 39 (CanLII), per Patterson J	BC	PC	39 days imprisonment (threats)	Find summaries of case.
R v Connors, 2021 NLSC 178 (CanLII), per J	NL	SC	9 months imprisonment (threats)	Find summaries of case.
R v Ratmanski, 2016 ONCJ 752 (CanLII), per Band J	ON	PC	Fine and Probation	The offender was drunk on a plane and made threatening comments about bombs. Find summaries of case.
R v White, 2012 CanLII 43292 (NLPC), , [2012] NJ No. 263 (P.C.), per Gorman J	NL	PC	2 months (threat) 6 months imprisonment (global)	threatened to kill cat of ex-girlfriend Find summaries of case.
R v Lyver, 2011 CanLII 54511 (NLPC), , [2011] NJ No. 320 (P.C.), per Gorman J	NL	PC	Suspended Sentence	threatened to kill neighbour's dog. Find summaries of case.
R v Petravic, [2001] O.J. No. 2766 (SCJ)(*no CanLII links)	ON	SC	Suspended Sentence	The offender threatened to burn down the constituency office of his member of parliament. Find summaries of case.

See Also

• Telecommunication Offences (Sentencing Cases)