Can an Uttering Threats Charge Be Dropped?
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Charged with uttering threats? Tell us what happened.
The short answer
The person who was threatened cannot drop an uttering threats charge. In Ontario, only the Crown can withdraw it once police have laid the charge. However, depending on the facts, a withdrawal or a peace bond may be possible. Knowing how the Crown makes that decision, and what you should avoid doing while the case is ongoing, can make a real difference to the result.
Charged with uttering threats?
Why the complainant cannot drop it
Once police lay a charge, the Crown controls the case. From that point on, the person who was threatened becomes a witness in a case brought by the state. Their views matter and the Crown will consider them, but they do not decide whether the case continues.
When uttering threats charges are withdrawn
The Crown asks two questions about every charge (Crown Prosecution Manual, D. 3):
- Prospect of conviction: Is there a reasonable prospect of conviction based on the evidence?
- Public interest: Is it in the public interest to continue the prosecution?
If the answer to either question is no, the charge should be withdrawn, even if the complainant would prefer that the case continue. Uttering threats cases often turn on the exact words and their context. When the evidence shows that the words were a joke, a figure of speech or a moment of venting, the case may not meet the test.
In intimate partner cases, Crown policy says that a charge must not be withdrawn just because the complainant asks (D. 23).
Peace bonds as an alternative
A peace bond is a common way to resolve an uttering threats charge. The charge is withdrawn, and you agree to keep the peace and follow conditions, usually for up to 12 months (s. 810). A peace bond is not a criminal conviction, so it does not create a criminal record. However, it is recorded in police databases and may appear on some police record checks while it is in effect, and breaking it is a crime.
In intimate partner cases, Ontario Crown policy allows a peace bond resolution only in exceptional cases, with approval from the Crown Attorney or a designate. See our peace bonds page.
How the process usually unfolds
- Disclosure: Your lawyer obtains and reviews the Crown's evidence.
- Context: Your lawyer gathers the full message history and other material the police may not have.
- Crown pre-trial: Your lawyer meets with the Crown to discuss weaknesses in the case and possible resolutions.
- Decision: The Crown decides whether to withdraw the charge, offer a peace bond or continue toward trial.
This process can take weeks or months, depending on the complexity of the case, the amount of disclosure and the court's schedule in Brampton.
Other outcomes
- Discharge: You are found guilty, but no conviction is entered. See first offence uttering threats.
- Trial: The Crown must prove the threat and your intent beyond a reasonable doubt. See uttering threats defences.
What not to do
Do not contact the complainant to ask them to drop the charge. If you have a no-contact condition, any contact is a new charge under s. 145. Even without a no-contact condition, trying to persuade someone not to testify can be obstructing justice under s. 139. That includes asking friends or family to pass on a message for you.
What the complainant can do
A complainant who does not want the case to continue can tell the Crown or the Victim/Witness Assistance Program how they feel. The Crown will consider those views, along with the evidence and the public interest. A complainant who wants contact conditions changed can also tell the Crown, which may agree to a variation in some cases.
Effects beyond the outcome
A withdrawal is not a conviction, although police may keep records of the charge. A peace bond is also not a conviction, but it may affect some record checks while it is in force. Both outcomes are usually much safer for employment, travel and immigration than a conviction.
Why prospect of conviction matters in threats cases
Uttering threats cases often depend on a single conversation, and the Crown must prove both what was said and what you intended by it. When the complainant's account changes over time, when the full message history shows provocation or humour, or when no one else heard the words, the Crown may conclude that there is no reasonable prospect of conviction. Bringing that material to the Crown's attention early, through your lawyer, is one of the most effective ways to obtain a withdrawal.
The Victim/Witness Assistance Program
In Ontario, the Victim/Witness Assistance Program supports complainants and witnesses through the court process. Staff in the program can explain the process to the complainant, pass along their views to the Crown and help them understand what a peace bond or a withdrawal would mean. The program does not decide the outcome of the case, but the information it provides can influence how the Crown approaches a resolution.
Release conditions while the case is ongoing
While the charge is outstanding, your release conditions remain in force, even if the complainant tells you they no longer want the case to continue. A complainant cannot give you permission to break a no-contact condition, because only a court or the Crown's written consent can change it. If you and the complainant both want contact, your lawyer can ask the Crown to agree to a variation, or bring an application to court.
What to do now
- Do not contact the complainant or ask anyone else to contact them for you.
- Follow every release condition until it is formally changed.
- Gather messages, witness names and other material that shows the full context.
- Let your lawyer raise any request for a withdrawal or peace bond with the Crown.
How we can help
We can review the evidence and speak to the Crown about a withdrawal or peace bond. Call (647) 223-1980 for a free consultation.
Frequently asked questions
The complainant does not want to proceed. Will the charge be dropped?
It may be, but not automatically, because the Crown weighs the complainant's views against the strength of the evidence and the public interest in continuing.
How long until a charge is withdrawn?
The timing varies from case to case, because some charges are withdrawn at an early court date while others are withdrawn only after months of discussion with the Crown.
Does a withdrawn charge stay on my record?
A withdrawal is not a conviction, although police may keep local records of the charge for some time after the case ends.
Is a peace bond the same as a charge being dropped?
It is not exactly the same, because the charge is withdrawn but you agree to follow conditions for a set period, although a peace bond is still not a conviction.
Can the complainant ask to remove the no-contact condition?
The complainant can tell the Crown that they want contact, but only a court or the Crown's consent can change the condition.
Will the complainant have to testify if the case goes to trial?
In most cases, the complainant must testify, because the Crown usually needs their evidence to prove what was said.
Can a charge be withdrawn after a peace bond is offered?
A peace bond resolution means the charge is withdrawn once you enter the peace bond in court.