Disputing uttering threats charges arising from false statements and allegations being made to the police

I never threatened anyone – the other person is lying

People are often falsely accused of uttering threats and find themselves stuck in a lengthy battle with the criminal justice system. They soon learn that all it takes is one person to report to the police that they said something threatening and they are charged. Their first response is almost always “there is no evidence”, but these folks quickly learn that someone saying a threat was made is in itself considered to be evidence.

Unfortunately for the accused, if they are unable or unwilling to enter into a deal to sign a peace bond or undertake other tasks to have the charges dropped, they must request a trial date and hope that a judge will believe them over the complainant.

Going to trial not only carries the risk that the judge will believe the “victim” over the accused, it also means tougher sentences in the event of a conviction. This is because the prosecutory system is set up to encourage and reward resolutions and pleas. This means going to trial will often result in a harsher punishment in the event the Judge believes the story of the “victim”. Depending on the previous history and the nature of the threat allegation this could mean jail or a probationary sentence with a criminal record.

Isn’t testimony about someone making a statement "hearsay" and inadmissible in court?

Testimony about something someone else says is hearsay, however there are several exceptions to the admissibility of hearsay testimony. Statements “against interest” or incriminating statements are an exception to the hearsay rule. Much like a confession is admissible in court, of someone points the finger at you and says you threatened them the judge will allow it. The only question is whether the judge believes this evidence or not. For someone whose life, career, family, and travel abilities are on the line this is a very serious risk.

The "victim"/complainant who is made the allegation to the police has no credibility and a history of false statements

If I didn`t do anything wrong, why should I have to enter a peace bond? The credibility of the complainant is an issue at trial that may work in your favour, however the police in deciding to lay charges in the GTA seem to use very little discretion in considering complainant’s background or character. The opinion of the police tends to be that it is the job of the Courts and not the police to determine the credibility of the accuser. This means that if a statement is reported that something threatening was said they will charge the accused by issuing a blue Form 9 “notice to appear”, or a formal “promise to appear” (sometimes with a criminal undertaking). In some cases, the police may even choose to hold the accused for a bail hearing.

Even a false accusation often means you will be fingerprinted and have charge information stored and shared by law enforcement and accessible to US customs

Unfortunately for the accused, just being charged means they are being fingerprinted and having their information retained and placed in the local police and RCMP CPIC database. The CPIC database is accessible to US Customs and border agencies of other countries. This means the charge itself could cause travel problems in the future for the accused.

When asked by Canadian immigration, US customs, or any other person of authority you have ever been fingerprinted, charged, or arrested before, the truthful answer is now yes even if the charge ultimately results in a non conviction such as an acquittal, or a stayed/withdrawn charge.

If you are caught lying to US customs about being charged it could lead to you being denied entry or banned from travelling to the United States in the future. Since most of our clients have no criminal records or prior contact with the police they take a significant loss just simply being charged, even if the case is ultimately resolved or withdrawn (dropped).

We ensure that all of our clients have the proper paperwork and know which precautions to take to avoid problems travelling in the future.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with uttering threats in the Toronto area.

Have a skilled criminal lawyer who focuses on threats charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an utter threats related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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