CRIMINAL DEFENCE · ONTARIOEnglish · Português · Español

SPECIFIC UTTERING-THREATS ALLEGATIONS

Threats to Property or Animals Defence in Ontario

The type of threat and exact subsection matter.

FLS assesses eligible summary prosecutions concerning threats to property or animals under section 264.1(1)(b) or (c). These allegations must be distinguished from threats of death or bodily harm and from other offences arising out of the same exchange.

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Identify the particular threat alleged

Section 264.1(1)(b) concerns threats to burn, destroy or damage property; paragraph (c) concerns threats to kill, poison or injure an animal or bird that is someone’s property. Subsection (3) sets out the prosecution routes for those paragraphs. Check the exact count. Read section 264.1.

Keep the whole conversation

The wording alleged, the complete exchange, its timing and the surrounding circumstances need careful review. Preserve original messages, voicemails and recordings you already lawfully hold. After retention, FLS reviews the disclosure and identifies what is needed to assess the allegation. Do not contact a complainant contrary to your conditions to obtain an explanation.

Threats of death or bodily harm require a different scope assessment

Paragraph 264.1(1)(a) is a different branch of the provision. This page does not offer blanket representation on all uttering-threats charges. Bring the full charging document, including connected assault, harassment or breach counts; a summary election alone does not establish paralegal eligibility. See the separate statutory branches.

Arrange advice about the appropriate next step

FLS confirms the exact offence, Crown election and permitted scope before accepting a matter. Consultations can address the case documents, next court date and what work may be undertaken under a written retainer. Where a charge or proceeding requires a lawyer, that need must be identified before representation is agreed. Read the court’s information about representation and process.

Common questions

Does this cover every charge called uttering threats?

No. This service page is limited to eligible property or animal threats under section 264.1(1)(b) or (c). Other subsections and related charges need their own scope assessment.

Can you assess threats sent by text message?

Section 264.1 addresses knowingly uttering, conveying or causing receipt of specified threats in any manner. Preserve the full exchange for assessment. Read the provision.

What should I have ready for a consultation?

Have the exact charge, release document, court date and disclosure status available. Wait for the office’s intake instructions before sending confidential evidence.

YOUR NEXT STEP

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