Uttering Threats Examples: Words, Jokes and Online Posts
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Charged with uttering threats? Tell us what happened.
The short answer
Whether words are a threat depends on context. The court asks whether a reasonable person, knowing all the circumstances, would see the words as a threat to cause death, bodily harm, property damage or harm to an animal. It also asks whether you meant the words to intimidate or to be taken seriously. As a result, the same sentence can be a crime in one situation and harmless in another, which is why the details surrounding the words matter so much. See our uttering threats page for an overview.
Charged with uttering threats?
Examples that may be threats
- A text to an ex-partner saying they will regret it, that the sender knows where they live, and that they will "never walk again."
- Telling a co-worker's friend, "I'm going to kill him when I see him."
- Posting someone's address online with "someone should burn his car tonight."
- Telling a neighbour, "I'll poison your dog," during an ongoing dispute.
Examples that may not be threats
- An obvious joke between friends, where the context shows it was meant as humour.
- A figure of speech with no real target, such as "My mom is going to kill me."
- A warning about legal action, such as "I'll see you in court."
Even these examples can become threats if other facts show an intent to intimidate.
Conditional threats
A threat with a condition attached can still be a crime. For example, "If you call the police, I'll hurt you" is a threat, even though it depends on what the other person does.
How courts read context
When deciding whether words were a threat, the court looks at the exact words and how they were said, the relationship and history between the people involved, and what happened before and after. It also considers whether the listener took the words seriously, and any other signs, such as a weapon or a gesture.
The Crown does not have to prove that the person was afraid. However, how they reacted can help show how a reasonable person would have understood the words.
Angry outbursts and "heat of the moment"
Anger is not a defence on its own, because many threats are made in anger. However, there is a real difference between venting and trying to intimidate someone. If the context shows that you were blowing off steam, with no intent to be taken seriously, the Crown may have trouble proving intent.
Online threats
Online posts are treated in the same way as spoken words, so the same legal test applies to them. A public post can be a threat even if it does not tag or name the person directly. Deleting a post does not undo it, and screenshots are common evidence. Comments in a group chat or a private message can also count as threats.
Song lyrics, gaming chats and dark humour
Some cases involve rap lyrics, comments in online games or dark jokes posted publicly. The same legal test applies: the court asks how a reasonable person would understand the words in their full context, and what you intended. Words posted as artistic expression or in an obviously fictional setting are treated differently from words aimed at a real person, but the line is not always clear.
Is "verbal assault" a crime in Canada?
Canada has no criminal offence called verbal assault, even though the phrase is often used in everyday conversation. Insults, swearing or rude language without a threat are usually not a crime. However, a threatening act or gesture, with the ability to carry it out, can be an assault under s. 265(1)(b). Repeated unwanted contact can also be criminal harassment.
What the evidence usually looks like
In most cases, the evidence includes screenshots, recordings or the complainant's account of what was said. Witnesses who heard the words, and the messages exchanged before and after them, can be just as important as the threat itself. Gathering the full conversation early is one of the most useful steps you can take, because messages can be lost when phones are replaced or accounts are closed.
What to do now
- Do not delete messages or accounts, because that can look like hiding evidence.
- Save the full conversation, including your messages and the other person's.
- Do not contact the person, even to explain what you meant.
- Get legal advice before speaking to police.
Threats in the workplace
Threats made at work, such as angry comments to a manager or co-worker, are often reported to police after an internal investigation. Employers may also suspend or dismiss an employee before any criminal case is decided. The same legal test applies to workplace threats, so the court will still ask how a reasonable person would understand the words and what the speaker actually intended, taking into account the workplace setting and the history between the people involved.
When someone else reports the threat
Many threats are reported by a third party, such as a friend, teacher or co-worker who overheard a comment or saw a post. In these cases, the person supposedly threatened may never have been aware of the words at all. The Crown can still lay a charge, but the context in which the words were said, and to whom, becomes especially important to whether they would reasonably be seen as a threat.
Possible outcomes
No conviction
These outcomes end the case without a criminal conviction.WithdrawalThe Crown drops the charge.
Withdrawal: The Crown may withdraw the charge once it sees the full context of the words.
Peace bondAgree to conditions under s. 810.
Peace bond: The charge is withdrawn, and you agree to keep the peace and follow conditions.
DischargeFound guilty, but no conviction is entered.
You are found guilty, but no conviction is entered on your record.
AcquittalFound not guilty at trial.
Acquittal: The judge acquits you if the Crown cannot prove the words were a threat or that you intended them as one.
How we can help
We can look at the full context of what was said, including the messages before and after, and explain whether it meets the legal test. Call (647) 223-1980 for a free consultation.
Frequently asked questions
Is it a threat if I said it as a joke?
Possibly not, if the context clearly shows humour and no one could reasonably take it seriously. Jokes made in tense situations carry more risk.
Is a conditional threat a crime?
It can be, because a condition does not stop words from being a threat.
What about threatening to hurt myself?
The offence covers threats against others, their property or their animals. Statements about self-harm are usually treated as a safety concern. If you are struggling, call or text 9-8-8 or reach out to someone you trust.
Are threats against business property covered?
Threats against business property are covered under s. 264.1(1)(b).
Can an emoji be a threat?
An emoji can form part of a threat when it is read together with the words and the context around it.
Can I be charged for a threat I made while drunk?
Being intoxicated when the words were said does not prevent police from laying a charge, and the full circumstances are still considered when deciding whether the words were a threat.