Yes No Share to Facebook
Criminal Threat Definition
Involves an Objectively Unbiased and Reasonable Viewpoint
Last Updated: June 11 2026
Question: What is the legal definition of a threat in Ontario under the Criminal Code?
Answer: In Ontario, a “threat” for an uttering threats charge is assessed objectively: under Criminal Code, R.S.C. 1985, c. C-46, s. 264.1, the Crown must prove the accused knowingly communicated words that a reasonable person, fully aware of the circumstances, would understand as a threat of death or bodily harm, property damage, or harm to an animal, even if the target never heard it or wasn’t scared. For help reviewing your texts, calls, or statements and building a practical defence strategy, DefendCharges.ca provides Paralegal services across Ontario, so call (647) 559-3377 to discuss next steps.
What Is the Legal Definition of a Threat?
A Criminal Charge of Uttering a Threat Requires Proof That the Stated Words Were a Warning of Harm Directed Towards a Person or Group of Persons, Among Other Things, Where Such Words Would Constitute As a Threat When Reviewed Objectively By a Reasonable...
Understanding the Definition of What May Legally Be Deemed As a Threat and Potentially Criminal Conduct
Heated discussions and arguments may lead to spontaneous words spoken in the heat of anger where the words contain warnings, or are in the context of warnings, of an intent to cause harm. Sometimes the threat is uttered directly at the target person; however, a threat may also arise where the words were spoken to a third party person, or group of persons. Additionally, a criminal threat may arise without the threatened person even knowing that the threat was made, or if knowing of the threat, without the threatened person feeling any fear or concern.
The Law
The charge of uttering threats as criminal misconduct is prescribed within section 264.1 of the Criminal Code of Canada, R.S.C. c. C-46 wherein it is said:
264.1 (1) Every one 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.
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
(3) Every one who commits an offence under paragraph (1)(b) or (c)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Definition of Threatening
Of course, people can often say or write words that may appear as a threat to one person while appearing as much less than a threat to someone else. Often the person towards whom the statement was uttered will subjectively conclude that the statement was a threat while an objectively rational person will see perhaps little more than angry venting at most, frustrated spite at best, or perhaps was speaking of something altogether unrelated and therefore being completely irrelevant.
The Supreme Court of Canada defined the legal test for determining whether an uttered statement constitutes as a threat contrary to the Criminal Code within the case of R. v. McRae, [2013] 3 S.C.R. 931, where it was stated:
[13] Thus, the legal question of whether the accused uttered a threat of death or bodily harm turns solely on the meaning that a reasonable person would attach to the words viewed in the circumstances in which they were uttered or conveyed. The Crown need not prove that the intended recipient of the threat was made aware of it, or if aware of it, that he or she was intimidated by it or took it seriously (Clemente, at p. 763; O’Brien, at para. 13; R. v. LeBlanc, 1989 CanLII 56 (SCC), [1989] 1 S.C.R. 1583 (confirming the trial judge’s instruction that it was not necessary that “the person threatened be ever aware that the threat was made”: (1988), 90 N.B.R. (2d) 63 (C.A.), at para. 13)). Further, the words do not have to be directed towards a specific person; a threat against an ascertained group of people is sufficient (R. v. Rémy (1993), 1993 CanLII 3851 (QC CA), 82 C.C.C. (3d) 176 (Que. C.A.), at p. 185, leave to appeal refused, [1993] 4 S.C.R. vii (threat against “police officers” generally); R. v. Upson, 2001 NSCA 89, 194 N.S.R. (2d) 87, at para. 31 (threat against “members of the black race” generally)).
[14] The reasonable person standard must be applied in light of the particular circumstances of a case. As the Court of Appeal for Ontario explained in R. v. Batista, 2008 ONCA 804, 62 C.R. (6th) 376:
An ordinary reasonable person considering an alleged threat objectively would be one informed of all the circumstances relevant to his or her determination. The characteristics of a reasonable person were considered by the Supreme Court of Canada in R. v. S. (R.D.), 1997 CanLII 324 (SCC), [1997] 3 S.C.R. 484 (S.C.C.), in the context of the test for bias. In that case, L’Heureux-Dubé and McLachlin JJ., at para. 36, described such a person as a:
reasonable, informed, practical and realistic person who considers the matter in some detail. . . . The person postulated is not a “very sensitive or scrupulous” person, but rather a right-minded person familiar with the circumstances of the case.
Similarly, in R. v. Collins, 1987 CanLII 84 (SCC), [1987] 1 S.C.R. 265 (S.C.C.), at p. 282, in the context of the test for bringing the administration of justice into disrepute, Lamer J. for the majority describes a reasonable person as “dispassionate and fully apprised of the circumstances of the case”: see also R. v. Burlingham, 1995 CanLII 88 (SCC), [1995] 2 S.C.R. 206 (S.C.C.), at para. 71.
It follows that a reasonable person considering whether the impugned words amount to a threat at law is one who is objective, fully-informed, right-minded, dispassionate, practical and realistic. [Emphasis added; paras. 23-24.]
[15] Thus, while testimony from persons who heard or were the object of the threat may be considered in applying this objective test, the question in relation to the prohibited act is not whether people in fact felt threatened. As the Court of Appeal for Ontario put it in Batista, witness opinions are relevant to the application of the reasonable person standard; however, they are not determinative, given that they amount to personal opinions and “d[o] not necessarily satisfy the requirements of the legal test” (para. 26).
[16] To conclude on this point, the prohibited act of the offence of uttering threats will be made out if a reasonable person fully aware of the circumstances in which the words were uttered or conveyed would have perceived them to be a threat of death or bodily harm.
Accordingly, the legal test of what defines a threat is without the subjective opinion of the person, or persons, towards whom the utterance was made. As stated in McRae, the person or persons towards whom the utterance was made may even be unaware of the utterance or were without any fear; however, whether an utterance is a threat will be reviewed objectively on the basis of what would a reasonable person perceive.
Burden of Proof is Applied
Furthermore, it is necessary that the uttered words be proven beyond a reasonable doubt as a threat rather than just a possible threat. This requirement was stated in the case of R. v. Sears, 2018 ONCJ 866, where it was said:
[10] While this possible reasonable interpretation was certainly sufficient to justify the laying of the charge and the initiation of process on the standard of reasonable and probable grounds, the standard I must consider is proof beyond a reasonable doubt. That latter standard requires that I must acquit Mr. Sears unless the evidence satisfies me that the only reasonable interpretation of the passage is that it is a threat. A finding that a threat to kill is a possible, or even the most likely, reasonable interpretation must lead to an acquittal.
Summary Comment
Based on the case law, it appears clear that the views of the complainant may be irrationally and unduly subjective and therefore be inadequate assessment as to whether words constitute as a clear threat; and thus, contrary to the perceptions and views of the complainant, what a rationally objective person would view as a threat, and do so beyond reasonable doubt, and thus beyond what may just possibly be a threat, is the required legal test of when a threat is genuinely a threat.
Quick & Easy Retainer Process
Contact DefendCharges.ca to obtain your free fifteen (15) minute consultation, a legal representative will review your circumstances, and explain your options for defending your matter. Consideration will also be given to your driving record and/or history of any past offence(s), as well as the potential consequences of a conviction.
DefendCharges.ca will obtain a copy of your driver’s licence or other government issued identification, a copy of the charging document(s), and details of the alleged offence(s) as well as any other information that you deem relevant.
DefendCharges.ca will forward a retainer agreement to you wherein the fees for legal services are outlined along with payment arrangement options as well as the nature of our relationship including our obligations to each other.
NOTE: A substantial amount of inquiries related to “lawyers in my vicinity” or “top lawyer in” typically indicate a pressing need for effective and competent legal support rather than a particular designation. In Ontario, licensed paralegals operate under the same regulatory body as lawyers and are permitted to represent clients in specific litigation issues. Skills in advocacy, legal evaluation, and procedural expertise are fundamental to their responsibilities. DefendCharges.ca provides legal representation within its licensed parameters, focusing on strategic positioning, evidence organization, and compelling advocacy aimed at achieving prompt and beneficial outcomes for clients.
