Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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Uttering threats to kill or injure people is a criminal offence under the Criminal Code.

To prove the guilt of the accused, the prosecution will have to prove beyond a reasonable doubt the two elements of the offence: the actus reus (the material element) and the mens rea (the mental element).

Elements of the offence

Actus reus

The prosecution will have to prove that the accused uttered, transmitted or caused to be received by a person, namely:

  • Causing death or bodily harm to any person;
  • Burning, destroying or damaging property;
  • Killing, poisoning or injuring an animal that is the property of someone.

It should be noted that bodily harm includes significant psychological injuries. The threat of sexual assault can therefore constitute a criminal offence when it leaves deep psychological scars.

Mens rea

The prosecution will also have to prove that the intention of the person making the threat was that his or her words or writings would be perceived as a threat to cause death, i.e., proof of the intention that the threat be taken seriously or the intention that it intimidate the victim.

It is important to note that it is not necessary for the person making the threats to have intended to carry them out, nor for the threats to have been followed by an act in order for mens rea to be proved, but only his intention that the threat be taken seriously. The words that are used, the person(s) to whom they were intended, and the circumstances in which they occur will be considered to determine whether a reasonable person in similar circumstances would have considered the words to be death threats. In addition, the threat can be oral, written or even transmitted indirectly through a third party. It can be made to a single person or to a specific group. The victim does not need to be precisely identified, an identified or identifiable group is sufficient.

Defences

To be acquitted, it will be sufficient for the accused to prove the non-existence of the threat, in particular by raising a reasonable doubt as to his intention that the threats be taken seriously, by proving that he did not intend to intimidate or create fear.

Offence-Threat

For example, in the Aragon case, the accused had sent an email to a journalist to denounce certain actions of his former spouse, who according to him had abducted her children and embezzled funds paid by the SAAQ to compensate his disabled daughter. Not being heard by the police, he turned to the media to make his story known and contacted the journalist, sending him an email in which he suggested that he could physically attack his ex-wife. The Court concluded that the accused was simply anxious to make his distress clear to the journalist, and that the threatening words used in the email appeared to have been used recklessly, in order to demonstrate his desperation. She concluded that the accused could not be found to be intent to make threats beyond a reasonable doubt, and that a reasonable person with knowledge of the circumstances surrounding the email would not have perceived it as a “death threat”.

Sentences

Sentencing can vary depending on the mode of prosecution of the offence and the seriousness of the threat.

  • For the guilt of causing threats to kill or threaten to cause bodily harm to someone, the accused will be liable to imprisonment for a term not exceeding 18 months if prosecuted on summary conviction, or 5 years if prosecuted for the offence as an indictable offence.
  • For the guilt of causing threats to destroy property or the death/injury of an animal, the accused will be liable to imprisonment for a term not exceeding 6 months if prosecuted on summary conviction, or 2 years if prosecuted for the offence as an indictable offence.

Threats to kill or cause injury are serious offences under Canadian law. While proof of intent is crucial to establishing guilt, the consequences can be severe. Be aware that even words spoken in anger or despair can have significant legal repercussions.

If you are accused of uttering threats, it is important to be accompanied by a criminal lawyer. Contact us today to protect your rights and get the advice tailored to your case.