Under the Criminal Code of Canada, you may face criminal charges if you utter, convey, or cause another person to receive a threat of death, or serious bodily harm.
You may face criminal charges even if the intended recipient was not aware a threat was made against them. Likewise, even if the intended recipient is aware of the threat, the law does not require them to be intimidated by it. On the other hand, words clearly conveyed as a joke or another manner that could not be taken seriously, would not constitute a threat.
When You Are First Charged
Once Police arrive, you may not be formally arrested. Instead, you may be given an Appearance Notice or Promise to Appear. If you are formally arrested and taken into police custody, you will likely be released on an Undertaking. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
No matter this initial interaction with police, you will likely be placed on conditions that include not contacting the individual who the alleged threat was placed against. If you are released on conditions, you could face additional charges if you do not follow them. You may also be required to attend a police station to provide fingerprints. If you do not, you could face additional charges as well.
It is important to retain these documents, as they list the date and time of your first appearance in Court. It will also tell you which Courthouse to attend at. This may be a different Courthouse than where you live. For example, if you are charged in Leduc, you will likely be required to attend at the Provincial Court in Leduc, even if you normally reside in Wetaskiwin. Sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
What You Can Expect
If you are charged with uttering threats, it is important to call us right away at 780-686-7948. A criminal conviction may result in you facing a number of consequences and challenges, even after sentencing is complete. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. If you are not a Canadian citizen, you could face additional immigration consequences. Even if this is your first encounter with criminal justice system, you could also face challenges in obtaining or retaining your employment.
No matter if you think there is “proof” of a threat, the very best defence is a thorough and properly executed one. Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial.
Sentencing
While each case is unique, possible sentences for a conviction under s 264.1(1) of the Criminal Code of Canada (uttering threats) include:
- Jail (Up to 5 Years)
- Fines
- Probation
- Discharge
- Ancillary Orders such as: Record of DNA in national police database, weapons prohibition, delayed parole, restitution.