section 264.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

The section criminalizes threatening to cause harm to a person, property or animal.

SECTION WORDING

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person.

EXPLANATION

Section 264.1(1) of the Criminal Code of Canada criminalizes the act of knowingly uttering, conveying or causing another person to receive a threat that is related to three specific actions. Firstly, this section criminalizes threats to cause death or bodily harm to another person. Secondly, threats to burn, destroy or damage property are also covered under this section. Lastly, threats to kill, poison or injure an animal or bird that is the property of someone else is also considered an offence under this section. The purpose of this offence is to deter individuals from making threats that could potentially cause harm to others or their property. The language used in this section is very broad and captures a wide range of actions that could be interpreted as threatening. It is crucial that individuals are aware of the consequences of their actions as making such threats can result in significant legal consequences, including imprisonment. It is important to note that in order for an offence to be committed under section 264.1(1), the threat must have been made knowingly. This means that the individual must have been aware that their actions were threatening and that they intended to threaten the other person. It is not sufficient to be unaware that the conduct constitutes a threat. In conclusion, Section 264.1(1) of the Criminal Code of Canada is an essential component of Canada's legal framework for protecting individuals and their property from threatening behaviour. This section is intended to deter individuals from engaging in such conduct and to hold them accountable if they do. It is important that individuals are aware of the implications of making such threats and that they seek legal advice if they are facing charges under this section.

COMMENTARY

Section 264.1(1) of the Criminal Code of Canada is a crucial provision to protect individuals, animals, and properties from unlawful threats. This provision criminalizes any act of knowingly uttering, conveying, or causing anyone to receive a threat that falls under the three categories listed under subsections (a), (b), and (c). Subsection (a) covers threats to cause death or bodily harm to any person, which is perhaps the most severe type of threat. Such a threat can instill fear and cause psychological harm to the victim, and ultimately, lead to physical harm or death. Given the potential consequences of such threats, it is necessary to have them criminalized to deter individuals from making such threats and protect people from harm. Subsection (b) covers threats to burn, destroy or damage real or personal property, which can result in significant financial losses and emotional distress for the victims. Such threats can damage people's homes, businesses, and even irreplaceable personal belongings. Therefore, it is crucial to protect people and their properties from such threats that can upend their lives. Subsection (c) covers threats to kill, poison, or injure an animal or bird that is the property of any person. Threats to harm pets or service animals can not only cause emotional harm to the owner but also pose a physical danger to the animal. Furthermore, it is a concerning trend that animal abusers often go on to commit violent crimes against humans. Therefore, it is important to prevent such abuse from escalating by criminalizing threats against animals. Overall, section 264.1(1) helps to ensure that individuals, animals, and properties are protected from criminal threats. However, it is important to note that the provision is only triggered when a threat is made "knowingly." This means that if an individual makes a threat without intentional malice or understanding of the harm such a threat can cause, they may not be guilty under this provision. Additionally, in some cases, it may be challenging to prove that a threat was made "knowingly" and not as a joke or prank, requiring careful investigation and consideration of the circumstances. In conclusion, section 264.1(1) is a critical provision of the Criminal Code of Canada that seeks to protect individuals, properties, and animals from threats of harm. The provision recognizes the severity of threats and the potential harm they can cause, making the act of making such threats a criminal offense. However, it is important to ensure that the provision is applied fairly and appropriately, taking into account the specific circumstances of each case.

STRATEGY

Section 264.1(1) of the Criminal Code of Canada criminalizes making threats to cause death or bodily harm to any person, to burn, destroy or damage property, or to kill, poison, or injure an animal or bird that is the property of any person. These offences are particularly concerning as they can lead to the fear, harm, or even death of individuals or animals, and they can also cause significant disruption to property and communities. Therefore, when dealing with this section of the Criminal Code, some strategic considerations and strategies that could be employed include: 1. Investigation and Evidence Gathering: Before charges can be laid and prosecuted, the police and Crown attorney must have sufficient evidence to prove the allegations beyond a reasonable doubt. This may involve interviewing witnesses, reviewing video footage, collecting physical evidence such as threatening letters or messages, or using undercover techniques to gather intelligence. Therefore, a key strategic consideration is to ensure that all available evidence is collected and preserved in a manner that meets the legal standards for admissibility in court. 2. Risk Assessment and Safety Planning: Threats can be emotionally distressing and may create a sense of fear or panic for those who receive them. Therefore, a strategic consideration should be to assess the risk posed by the person making the threat and to develop a safety plan for the victim or potential victims. This may include providing support and resources to the victim, such as counselling, restraining orders, or security measures. 3. Public Education and Awareness: Section 264.1(1) of the Criminal Code is a relatively new offence and may not be widely understood by the public or potential offenders. Therefore, a strategic consideration would be to educate the public about the seriousness of making threats and the potential consequences. This may involve public service announcements, workshops, or training sessions for law enforcement and community organizations. 4. Collaboration and Coordination: Making threats can occur in different contexts and may involve different types of offenders, such as domestic violence, hate crimes, or terrorism. Therefore, a strategic consideration should be to coordinate efforts across different agencies and organizations, such as police, crown attorneys, victim services, mental health providers, and community groups. This collaboration can ensure that all aspects of the offence are addressed and that support is provided to all those impacted by the threat. 5. Sentencing and Restorative Justice: If the offender is found guilty of making a threat under section 264.1(1) of the Criminal Code, a strategic consideration is the appropriate sentence or restorative justice measures that can be employed. The sentence should reflect the seriousness of the offence and take into account factors such as the offender's criminal history, the level of harm caused, and the potential for rehabilitation. Restorative justice measures may involve the offender taking responsibility for their actions, making amends to the victim, and participating in programs to address the underlying issues that led to the offence. In conclusion, strategies for addressing the making of threats under section 264.1(1) of the Criminal Code of Canada should involve a coordinated effort across various agencies and organizations, including the police, crown attorneys, victim services, and community organizations. These strategies should focus on investigation and evidence gathering, risk assessment and safety planning, public education and awareness, collaboration and coordination, and sentencing and restorative justice measures. Through these efforts, we can ensure that those who make threats are held accountable for their actions and that those impacted by the threat receive the support they need.