Threaten death or bodily harm
Under the Criminal Code, it is an offence to knowingly utter or convey a threat to cause death or bodily harm to any person. It is also an offence to threaten to burn, destroy or damage property or threaten to kill, poison or injure an animal or bird that belongs to a person.
The offence of utter death threat may be prosecuted by summary conviction or by indictment. If prosecuted by indictment, the accused person is entitled to elect trial by jury and upon conviction is liable to up to five years jail. In most cases, however, the offence is prosecuted by summary conviction, requiring a trial before a lower court justice. In this case, the maximum penalty is 18 months imprisonment.
What the Crown must prove
To secure a conviction at trial, the Crown must prove that the person making the threat did so knowingly. That is, the prosecution must show that he was aware of the words used and the meaning they would convey. It also must show that he intended the threat to be taken seriously, that is, to intimidate or strike fear into the recipient. It is not necessary that the person making the threat intend to carry it out or be capable of doing so. The motive for making the threat is equally irrelevant.
In assessing whether the words constitute a threat, they must be considered objectively. The court must ask: In the context and circumstances in which the words were spoken or written, the manner in which they were used, and the person to whom they were directed would they convey a threat to a reasonable person?
A history of violence between the parties may support a finding that the words were intended as a threat. Whether or not the person making the threat has an apparent ability to carry it out when the words are spoken, his use of gestures or acts, whether the recipient of the words takes them seriously, and disparity in size between the speaker and the recipient of the threat may all be relevant to an assessment of the speaker's intent.
Quote: Originally Posted by mentalfloss
Really? I guess I just don't give a crap myself but is there legislation on that?
Two new things in one day. You're on a roll.