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Criminal Code

s. 264.1 Uttering Threats

Uttering threats

  • Domestic Violence & Harassment
  • Domestic Violence
Maximum sentence
5 years (death/bodily harm threats) / 2 years (property/animal threats)
Classification
Hybrid

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 264.1
Verify on justice.gc.ca(opens in a new tab)
  • (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.
  • (2)Every one who commits an offence under paragraph (1)(a) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b)an offence punishable on summary conviction.
  • (3)Every one who commits an offence under paragraph (1)(b) or (c) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
  • (b)is guilty of an offence punishable on summary conviction.
Amendment History (3)
  • R.S., 1985, c. 27 (1st Supp.), s. 38
  • 1994, c. 44, s. 16
  • 2019, c. 25, s. 92

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

Uttering threats is hybrid. Threats to kill or cause bodily harm carry a top sentence of 5 years, which is criminality under IRPA s.36(2) (foreign nationals only). Threats against property or animals carry a top sentence of 2 years, and neither kind is serious criminality. Even so, a conviction for uttering threats makes a foreign national inadmissible. A sentence of more than six months in prison imposed in Canada would make it serious criminality (s.36(1)(a)).

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved