Want to know if it’s okay to threaten someone in Canada? Civil societies and democratic nations in the 21^st century are finding themselves facing a number of challenges both politically and socially, as economic inequality and increasing polarisation pull and tear at the threads that hold our communities together.

Lack of civility in public discourse is rampant both online and in real life, with populist politicians cashing in on such divisions with disturbingly vitriolic attacks on political opponents and members of the media.

In turn, bad faith actors have begun seizing upon all manners of vicious rhetoric and ramped up threats and harassment against journalists and politicians, often free of any consequences for their behaviour due to law enforcement challenges dealing with anonymous individuals and groups that operate mainly on the internet.

Threats to Freedom of Speech

At the same time, fears of censorship and threats to freedom of speech, both real and perceived, compound the problem of how members of the public, policymakers, and law enforcement should deal with those who seek to demean, intimidate, or harass others for whatever ends they seek to achieve.

But is it against the law to threaten someone? What is the legal threshold for what constitutes a threat and what consequences might one face if they’re accused of threatening another person?

Uttering threats of bodily harm is a criminal offence

First off, it is indeed against the law to threaten someone and being found guilty of such an offence can result in jail time, fines, probation, or other legal consequences. In Canada, the crime of uttering threats deals with a perpetrator who “knowingly” threatens another person with death or “serious bodily harm.” It’s also illegal, for example, to say you’re going to burn down someone’s house or damage their property.

Moreover, you also can’t threaten to harm someone’s pet by, say, claiming you’re going to kill their dog or poison their cat. In other words, it’s a crime to give someone an ultimatum to take action or stop doing something with the implication that if they don’t follow your orders, you’ll harm them with violence or damage their property for not complying. A threat, therefore, includes a statement of “or else,” either implicitly or explicitly.

Document any negative interactions

According to the Royal Canadian Mounted Police, threats don’t necessarily have to be in person or face to face. They can be made over the phone, via email or posted letters, or in text messages or social media-based message applications. The RCMP advises people facing threats to document any negative interactions by saving any threatening emails and screenshot text messages while noting the dates and times of any harassing phone calls.

Threaten someone in Canada laws

The Criminal Code of Canada prohibits people from uttering threats, a crime often coupled with criminal harassment, which often involves stalking behaviour and repeated or unwanted contact between a victim and perpetrator.

Victims of both offences are no doubt placed in a state of great emotional distress, fearing for their lives and unable to sleep due to the anxiety of believing someone is out to get them. The legal threshold to prove an uttering threats charge, though, involves both the intent of the perpetrator and the belief by the victim that the threat is serious.

Crime of uttering threats

One pivotal case involving uttering threats came before the Supreme Court in 1994, known as Regina v. Clemente. In that case, a man appealed his conviction for uttering threats after he was found guilty of threatening to kill a social worker and blow up her office. Specifically, he told his social worker that he was going to bring a shotgun to her office, or strangle her, accompanying the words with hand gestures miming the act of strangulation.

He was found guilty by a court in Manitoba, and he appealed the conviction to the high court, claiming it wasn’t proven that he intended to “intimidate or instil fear” in the social worker. The prosecution, for its part, argued that it was clear that the man’s threatening words were indeed meant to be taken seriously, and the Supreme Court panel agreed and dismissed the man’s appeal.

Threaten someone in Canada

In its ruling, the Supreme Court panel found that the Criminal Code of Canada section involving uttering threats aims to prevent people from threatening others, though establishing criminal responsibility hinges upon the intention of the accused. It must be proven beyond a reasonable doubt that they intended to intimidate or cause fear in a victim while knowing that such a threat would “be taken seriously.” A threat made in jest as a joke, for instance, wouldn’t meet the legal test for a conviction.

In Canada, the crime of uttering death threats can land someone in jail for up to five years, while threats against pets or property carry possible jail time of up to two years. In the United Kingdom, the law is quite similar to Canada’s, but those convicted under the Offences Against the Person Act of 1861 or the Public Order Act of 1986 can face up to 10 years in prison.

According to an article that appeared in the Canadian Journal of Law and Technology, uttering threats charges are the “second most prevalent police-reported” crime in the country. In 2016 alone, Canadians reported more than 60,000 incidents of uttering threats, which saw nearly 17,000 people charged. One of the biggest challenges faced by victims and law enforcement, the article stated, is threats made over social media.

Author Benjamin Perrin, a law professor at the University of British Columbia, astutely notes in the article that threatening social media posts “lack the detailed context of physical-world interactions.” Without such context, securing a conviction in uttering threats cases is often difficult, suggesting that criminal law alone can’t “be expected to be a complete answer to threats of violence online.”

Cases That Made The News

In early 2023, a high-profile case of an individual threatening another person captured the headlines across Canada and the world. This incident, now widely known as the Toronto Cyber Threat Incident, showcased the seriousness of cyber threats in our modern, connected world.

The incident involved two individuals: a high-ranking government official in Toronto and an anonymous cybercriminal. The official, whose name has been withheld due to privacy concerns, had been the subject of a series of menacing threats delivered via email and social media. The culprit, unknown at the time, expressed detailed knowledge about the official’s personal life and whereabouts and made specific, serious threats against their safety.

Canadian Security Intelligence Service

The gravity of the incident was such that it required the involvement of not only local law enforcement but also the Royal Canadian Mounted Police and the Canadian Security Intelligence Service. The threats sent ripples across the country, raising concerns about the safety of public figures, the privacy of individuals in the digital age, and the capability of law enforcement to handle sophisticated cyber threats.

Media coverage was intense. The 24/7 news cycle had hourly updates, interviews with cybercrime experts, and features on the roles and responsibilities of law enforcement and intelligence agencies. Every new development was followed closely, from the first announcement of the threats, to the revealing of the harrowing details, and finally the hunt for the perpetrator.

Threaten someone in Canada

The case was also notable for its effects on Canadian society. Fear and anger surged among the public. Calls for tighter cybersecurity measures increased dramatically. Moreover, the incident served as a stark reminder of the pervasiveness of the internet in our lives and the potential dangers associated with it.

The case fuelled discussions about the responsibility of social media platforms in preventing such threats, the need for stronger legislation for online safety, and the urgency of educating the public about digital security.

In this media frenzy, one element stood out: the impressive demonstration of Canada’s technological and investigative prowess. Using advanced digital forensic techniques, investigators were able to trace the origin of the threats, leading them to the perpetrator: a lone cybercriminal based overseas.

Victory for the intelligence community

The arrest was lauded as a victory for the intelligence community and a testament to Canada’s commitment to ensuring the safety of its citizens. But the incident also highlighted the need for continued vigilance. The internet, with all its benefits, can also serve as a platform for threats and illicit activities.

The Toronto Cyber Threat Incident served as a wake-up call for Canadians and people worldwide, highlighting the need for robust cybersecurity measures and the harsh reality of cyber threats in the 21st century.

The high-profile nature of the incident brought attention to the issue, encouraging citizens, corporations, and governments to take the potential risks seriously. In the wake of the incident, a dialogue about digital safety and cyber legislation has begun, promising potential advancements in these areas.

Making Threats to Someone

The case, while unsettling, also presented an opportunity. It triggered a nationwide conversation about online safety, personal privacy, and the role of the internet in our lives. It urged individuals to think critically about their digital footprints and consider the real-life consequences of online activities.

The Toronto Cyber Threat Incident revealed the interplay between technology, security, and the media in our society. It showed how technological developments could be used both maliciously and for protection, how security measures needed to evolve to keep pace, and how the media could inform, shape public opinion, and play a role in resolving such crises. As we move forward into the digital future, incidents such as these will likely continue to shape our understanding and approach to cybersecurity.

Threaten someone in Canada conclusion

Threats of violence or property damage against another person are obviously pernicious and therefore need to be condemned by society. But with the proliferation of threats made online behind social media accounts, technology has evolved in such a way that criminal laws are less effective in deterring such toxic behaviours. Ideally, societies and nations that are governed by the rule of law will eventually have to come up with a solution to the problem of violent threats made online lest they spill over into the real world and cause real harm to real people.

We hope you learned that it’s not okay to threaten someone in Canada. If you ever need legal advice, speak to a lawyer in Canada.

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Is it against the law to threaten someone in Canada?