Death Threats in Canada: What the Law Says

The short answer

Threatening to kill or seriously hurt someone is a crime in Canada under s. 264.1(1)(a) of the Criminal Code. The threat can be spoken, written, texted or posted online. It does not have to be said to the person who was threatened, and you do not have to be able to carry it out. A death threat carries up to 5 years by indictment, or up to 10 years if it is charged as violence against an intimate partner. However, many of these cases depend heavily on context, and the words alone rarely tell the whole story. See our uttering threats page for an overview.

What a death threat is in law

The law covers threats to cause death or bodily harm to any person. Bodily harm means any hurt or injury that interferes with a person's health or comfort and is more than brief or minor (s. 2).

The person threatened can be someone other than the person you are speaking to. For example, telling a friend "I'm going to kill your brother when I see him" can be a threat against the brother, even though he never heard it.

What the Crown must prove

How threats are communicated

Section 264.1 covers anyone who "utters, conveys or causes any person to receive" a threat. That wording is broad, and it includes many forms of communication:

• Speaking to someone in person or over the phone.
• Sending texts, emails or voicemails.
• Posting on social media, including comments and direct messages.
• Writing notes or letters.
• In some cases, making gestures.

Deleting a message or post does not undo it. Screenshots taken by the person who received it, or by others, are common evidence in these cases.

The evidence in a typical case

The Crown's evidence usually includes the complainant's statement to police, screenshots or recordings of the words, and the accounts of anyone who heard or saw them. In online cases, police may also obtain account records or search a phone with a warrant. The full context, including the messages before and after the threat, is often missing from the police file, so the defence needs to gather it.

What happens after you are charged

1. Release: Most people are released by police or at a bail hearing, usually with conditions banning contact with the person threatened and often banning weapons.
2. First court date: Charges from Mississauga and Brampton are generally heard at the Brampton courthouse, and your lawyer can usually appear for you.
3. Disclosure: The Crown provides the evidence, including statements and any messages or recordings.
4. Resolution or trial: Your lawyer discusses a withdrawal, a peace bond or another resolution with the Crown, and if the case does not resolve, it is set for trial.

Penalties for death threats

When the Crown proceeds by indictment, the maximum sentence is 5 years. On summary conviction, the maximum is 2 years less a day, a fine of up to $5,000, or both (s. 787). There is no minimum sentence.

If the threat was made against an intimate partner on or after July 17, 2026, the Crown can charge violence against an intimate partner under s. 263.1, and the maximum then rises to 10 years. See violence against an intimate partner.

A court can also order a weapons ban. It is discretionary for an ordinary threat (s. 110), but it is mandatory if the charge is violence against an intimate partner prosecuted by indictment.

Death threats vs other offences

• Threats to property or animals: These fall under a separate and less serious part of s. 264.1, with a 2-year maximum.
• A threatening act or gesture: If you had the ability to carry it out, this can also be an assault. See what is assault.
• Repeated threatening contact: This can be criminal harassment, although threatening conduct under that section can also be a single act. See our criminal harassment page.

Possible outcomes

Effects beyond the sentence

A conviction for uttering threats can affect employment, especially in jobs involving children, vulnerable people or security. It can also cause problems at the U.S. border. For non-citizens, a sentence of more than 6 months can lead to inadmissibility for serious criminality, and a charge under s. 263.1 carries a 10-year maximum, which is enough on its own to raise that risk for a permanent resident.

What to do now

• Do not contact the person, even to apologize or explain what you meant.
• Keep the full message history, not just the message police have.
• Write down what happened while you still remember the details.
• Get legal advice before speaking to police.

Release conditions and no-contact orders

Release conditions in threats cases usually prohibit any contact with the person who was threatened, whether directly, indirectly or through social media. They may also prohibit you from going to that person's home, school or workplace, and from possessing weapons. These conditions remain in force until the case ends or a court changes them, even if the complainant reaches out to you first.

How we can help

We can review the full context of the words, test whether the Crown can prove intent, and look for a resolution that fits your situation. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions