Harassment and Utter Threats

As human beings we make mistakes. We can be under a lot of stress at times and not be in control of our emotions. Our finances can be pushed to the limit or we may be dealing with serious family or health problems. Sometimes in these circumstances it takes just one more triggering event and we can feel pushed over the edge and do things we wouldn’t normally do. This results in us engaging in behaviour that is caught by the provisions of the Criminal Code.
Typical of the charges that stem from stress and loss of control over our emotions are those charges of CRIMINAL HARASSMENT: and UTTERING THREATS. They often accompany other criminal charges such as Assault and Mischief and in particular, in Domestic situations between spouses, romantic partners, and persons in a family household.
CONTRIBUTING FACTORS
Factors that can lead up to a Criminal Harassment or Uttering
Threats charge include:
- Loss of job / dispute with co-workers
- Dispute with neighbours
- Relationship breakups
- Health or other stressors
- Difficult Landlord and tenant disputes
- Psychological issues such as feelings of anger, helplessness and loss of control over their lives
- Addiction and Mental Health issues
Despite how you or we may be able to explain them, they are serious criminal charges with serious consequences.
HAVE YOU BEEN CHARGED?
MIGHT BE CHARGED?
If you have been charged, or think you might be, contact us immediately. We will protect you by giving you pre-charge advice, or, if you are arrested, we will attempt to secure your release without bail directly from the Officer in Charge.
We can act at your Bail Hearing to secure your release and be there in your corner throughout the Court process going to Court for you so you don’t have to, except when absolutely necessary. We will explain the process clearly to you and help you resolve this on your behalf with loyal and dedicated professional representation.
EVERY CASE IS UNIQUE
We know that every case is unique and we treat it like that. We dig deep to look at all the relevant personal and background factors to help you and if in our judgement it would prove useful we will arrange any necessary counselling or reports to assist in obtaining the best possible outcome for you.
SPECIAL DEFENCE STRATEGIES
We also utilize a number of strategies including special provisions of the Criminal Code (Section 810 Peace Bond ) with the aim of having your charges withdrawn before a trial date is even set.
Section 810 Peace Bond, and which are geared in appropriate cases to produce a result with NO FINDING OF GUILT and NO CRIMINAL RECORD.
We will make sure that all compassionate factors and underlying contributing stressors are taken into account to secure for you the best result possible.
UTTERING THREATS VS. CRIMINAL HARASSMENT
You can be charged with uttering threats for making a single threat. There is no requirement that there be more than one threat to make out the offence. Punishment upon conviction is up to 5 years in jail.
Criminal Harassment, however, involves “repeated” conduct under the S. 264.1. This makes Criminal Harassment more planned and deliberate and over a longer course of time. It can cause significantly more torment and suffering on the victim. This is why the punishment is greater: up to 10 years in jail.
CRIMINAL HARASSMENT
Criminal Harassment is a charge under Section 264 (1) of the Criminal Code. Generally, engaging in any kind of conduct which would cause another person to reasonably, in all the circumstances, fear for their safety or safety of anyone known to them would result in the laying of this charge. To constitute Harassment, the conduct must be more than one or two incidents and be more than merely annoying.
The Police and the Court will look at all the circumstances including the relationship of the parties, how much fear or discomfort is being caused in the complainant by the conduct, and the negative character of the behaviour and whether it could be clearly understood to have been unwelcome by the complainant.
To make the charge there must be some element of general repeated behaviour, although single incidents can qualify as Criminal Harassment.
Behaviour that causes fear, disturbance, or unwanted affection, anger or abuse are typical to attract such action such a charge.
Behaviours specified in Section 264.1 include:
- repeatedly following a person from place to place
- repeatedly communicating persons directly or indirectly
- besetting or watching a dwelling house or a place of employment or any place the person may happen to be
- engaging in any threatening conduct directed at that person or their family
EXAMPLES OF CRIMINAL HARASSMENT
Examples of behaviour that would be considered Criminal Harassment:
- threatening or obscene phone calls made to a neighbour, ex spouse or romantic partner with threats;
- repeated annoying phone calls or emails
- attempting to establish or maintain a relationship—whether amorous or angry—against the victims’ wishes
- Waiting for someone outside their home, workplace or places they frequent
- harassing in a threatening manner a neighbour, landlord or tenant multiple times
- harassing a business person multiple times in person by phone or email in a threatening manner
DEFENCES TO CRIMINAL HARASSMENT
In resolving or defending your case, we press the prosecution to prove all essential elements of the offence:
- at least one of the essential elements listed above has occurred (repeatedly follow, communicate beset or watch (stalk), or engage in threatening conduct
- In cases where “following” or “communicating” is involved these must occur “repeatedly”. This means more than one or two times and overly frequent but depends on all the circumstances
- that the conduct of the accused was made without lawful authority (for example, if a landlord contacted a tenant several times to attempt to collect overdue rent this would probably not be criminal harassment)
- that the complainant was actually harassed
- that the accused knew or was reckless or wilfully blind as to whether the complainant was harassed
- that the accused’s conduct caused the complainant to fear for her safety or her family or anyone known to her. It is not necessary to actually prove any actual mental or physical harm has been suffered
- and that the complainant’s fear, in all the circumstances, was reasonable. All the factors of the relationship and the particular details of each party will be taken into account to determine whether any fear was reasonably held
All of these elements must be proven beyond a reasonable doubt.
OTHER DEFENCES
In addition, as your defence we will raise all available:
- Affirmative defences and all Constitutional challenges under the Charter, including infringements on the accused’s right to counsel, right to be advised of charges immediately upon arrest, right not to be subject to unreasonable delay in obtaining a trial
- Where computer or internet records are involved,and it makes sense, we will retain any necessary technical experts to work with us to support your defence.
- If any computer or phone records were seized in the investigation, we will ensure that the proper procedures were followed to obtain the Search Warrant and that your privacy rights were not breached.
- Where we find any breach of your Constitutional Charter Rights we will vigorously pursue the Court for a dismissal of the Case against you.
PUNISHMENT FOR CRIMINAL HARASSMENT
- JAIL: Criminal Harassment is a Hybrid Offence, meaning that the Crown has an election as to whether to proceed summarily or by indictment. Each route has different penalties. As your counsel we would advocate for the charge to be proceeded with in a manner that has the least serious consequences to you.
(ii) If the Crown proceeds by way of indictment, the penalty is imprisonment for a maximum of 10 years, plus fines.
- Criminal Record
- Restraining Order
- Firearms and Weapons Restrictions
- Probation
- Damage to your Reputation
- Exposure to Civil Lawsuit for Damages
- Immigration Issues – you may lose your ability to stay in Canada
CYBERSTALKING, CYBERBULLYING &ONLINE HARASSMENT
Cyberstalking or any form of online Cyberbullying or Online Harassment of any person are not separate distinct offences.They are simply labels or other terms used to describe the Criminal Code offence of Criminal Harassment. They all amount to the same thing, with the only difference being that the Harassment occurs through a computer system, including the Internet. The elements of the offence remain the same, it is just that technological tools are used to commit the offence.
In some cyber-stalking situations, criminal harassment charges may be the proper charge laid. Because this is a complex and developing area of the law, it is important to have a lawyer that is aware of the various related sections of the Criminal Code that overlap to ensure that you have not been wrongfully charged. These charges include:
- 162 (voyeurism)
- 1 (distribution of child pornography)
- 1 (Internet luring)
- 241 (counselling suicide)
- 298-302 (defamation)
- 319(2) (wilful promotion of hatred)
- 346 (extortion)
- 1 (unauthorized use of a computer)
- 372(1) (conveying false messages)
- 423 (intimidation)
- 430(1.1) (mischief in relation to data)
- 2(1) (identify theft)
- 403(1) (identity fraud)
UTTERING THREATS
This offence is covered under Section 264.1 of the Criminal Code which provides:
Everyone 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 for threats against a person if prosecuted by indictment are imprisonment for a term not exceeding 5 years and if prosecuted by summary conviction to imprisonment of a maximum of 2 years less a day.
Threats to burn, destroy or damage real or personal property or to kill, poison or injure an animal or bird that is the property of any person carry a fine or jail up to a maximum y of 2 years less a day.
OTHER CONSEQUENCES:
In addition to jail and fines upon conviction you could suffer:
- Difficult Bail Hearings
- Criminal record
- Probation terms and reporting requirements
- typically, restrictions including firearms and weapons
- potential impact on employment
- travel restrictions if you wish to enter many countries, especially the United States or the U.K.
- Potential Civil Lawsuit
- Immigration to Canada – removal and deportation proceedings could be commenced
- Denial of your application for Canadian Citizenship and potential removal of your entire family
TYPICAL SITUATIONS FOR UTTERING THREATS
- domestic situations and daily disputes
- business employees or employer
- between bar patrons
- road rage incidents
- neighbour disputes
These charges are laid very commonly, especially death threats as people get very emotional at times but have no real intention to carry out these threats.
Fortunately, there are many good defences to these charges and with our skill we are able to have these charges withdrawn or negotiate a peace bond or other resolution that results in no criminal record as proving these charges is quite difficult for the Crown as it is often one person’s word against another, and under Canadian law you are presumed innocent until proven guilty. You are not required to prove your innocence, only raise a reasonable doubt as to your guilt, based on all the evidence before the Court.
HOW WE DEFEND UTTER THREATS
- We will ensure that your innocence is maintained at all times
- That any reasonable doubt about the complainant’s allegations are raised and holes pointed in the foundation of the case against you
- We know that in a Criminal Harassment charge that the Crown has to prove beyond a reasonable doubt that the accused engaged in threatening conduct directed at a complainant which caused the complainant to reasonably, in all the circumstances, fear for their safety
- We know that in an Uttering Threats charge that the Crown has to prove beyond a reasonable doubt that the accused knowingly conveyed to cause death or bodily harm to the complainant
- We will seek to have the charge withdrawn against you prior to ever having to set a trial date by convincing the crown attorney’s office or a judge on a pre-trial conference that the best way to deal with this is by way of entering into a peace bond pursuant to Section 810 of the Criminal Code in which the parties essentially agree to go their separate ways and stay away from each other and abide by certain conditions such as to keep the peace, be of good behaviour, not have contact with the complainant, and not to possess any weapons for a specified time, and perhaps participate in counselling; Peace bonds can be set with a monetary amount for example $500.00 with or without a deposit. In the event of any breach the accused would have tp pay the Court the specified deposit.
- A section 810 peace bond will result in no admission of any guilt, and, more importantly, no criminal record
- If resolution is not possible then we will explain all other options available, up to including a trial
PEACE BONDS
Section 810 of the Criminal Code allows the Court to grant a Peace Bond as a tool to resolving charges such as uttering threats or criminal harassment. Some key points are:
- No need to proceed through expensive trial
- Entering into a Peace Bond is not an admission of guilt and so for any potential civil action, this will avoid any formal admission or finding of guilt
- There is no criminal record
- Conditions are entered into which are reasonable and agreeable by both accused and complainant
- Court approves the Peace Bond and conditions to it
- The term is usually for 1 year with minimal restrictions on the accused other than typically having no contact with the accused, having no weapons for a period of time, keep the peace and be of good behaviour, and pledge a nominal amount (typically $500) with or without deposit, as security for you to adhere to conditions. If breach conditions this will be paid to the Court.
- Resolving a peace bond avoids any finding of guilt or a criminal record which would trigger serious immigration consequences to persons who are attempting to become citizens of Canada. A serious Criminal Record could disqualify you.
Get started with a consultation
Areas we serve for criminal defence law in Ontario

Ajax

Alliston

Amherstburg

Angus

Arnprior

Aurora

Barrie

Beamsville

Belleville

Binbrook

Bolton

Bowmanville

Bradford

Brampton

Brantford

Burlington

Caledon

Caledonia

Cambridge

Carleton Place

Chatham-Kent

Clarington

Collingwood

Cornwall

Elliot Lake

Elmira

Fergus

Fort Erie

Georgetown

Guelph

Hamilton

Hawkesbury

Ingersoll

Innisfil

Kanata

Kawartha Lakes

Kenora

Keswick

Kingston

Kitchener

Leamington

London

Markham

Midland

Milton

Mississauga

New Hamburg

Newmarket

North Bay

Oakville

Oakville

Orangeville

Orillia

Oshawa

Ottawa

Owen Sound

Paris

Pembroke

Petawawa

Peterborough

Pickering

Port Colborne

Port Hope

Richmond Hill

Rockland

Sarnia

Sault Ste. Marie

Simcoe

St Catharines-Niaraga Falls

St. Thomas

Stratford

Strathroy

Sudbury

Thunder Bay

Tillsonburg

Timmins

Toronto

Uxbridge

Valley East

Vaughan

Wallaceburg

Welland-Pelham

Whitby

Windsor

Woodstock