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Elements of Threatening – Section 264.1

Date, Time and Location

Identification of the accused

  • Evidence that the accused was the one who conveyed the threat


Nature of the Threat

  • What were the exact (or as closely to exact as possible) words used by the accused.
  • How was the threat communicated to the victim
  • The determination of whether a threat meets the criminal threshold is a “question of law” and therefore determined within the context of the story. The court will consider…
    • the words used to convey the threat,
    • the context of how the threat was made,
    • and people involved.


  • Crown does not need to prove that the accused intended to carry out the threat but they will need to prove that accused wanted the threat to be taken seriously.
  • Indirectly then the objective fear of the victim will be an important element, but not an essential element.
  • Consider including a threat assessment in order to objectively clarify the seriousness of the threat.
  • Expect defence to suggest the threat was meant as a warning, or that their words were a careless emotional response, and that a reasonable person would have understood  the threat as an emotional outburst rather than a serious threat.


Related Links:
Statutory wording for Threatening
The element of “fear”
Threat Assessments

Related Statutory Offences:
Peace Bonds (Section 810)
Criminal Harassment