In Canada, the term “verbal assault” is not specifically used in criminal law. However, certain forms of verbal aggression can be considered criminal offenses under different sections of the Criminal Code of Canada.
Most commonly, “verbal assault” would be considered “uttering threats,” according to the Criminal Code. Verbal assault could also be charged as criminal harassment or hate speech.
Criminal harassment (Section 264), encompasses persistent behavior that causes another person to reasonably fear for their safety or the safety of someone known to them. This can include repeated unwanted communication, stalking, or other harassing actions. If someone engages in such conduct, they can be charged with criminal harassment.
Additionally, hate speech that incites or promotes violence or discrimination against an identifiable group is a criminal offense under Section 319(1) of the Criminal Code. This section deals with promoting hatred against an identifiable group based on race, religion, ethnic origin, sexual orientation, and other protected grounds. Hate speech and verbal assault differ slightly, however. You can read more about hate speech specifically in our other post, Hate Speech Laws in British Columbia.
Uttering Threats
As discussed, verbal assault is most commonly known as uttering threats.
”Uttering threats” is a criminal offense under Section 264.1 of the Criminal Code of Canada. It involves knowingly conveying a threat to another person, either directly or indirectly, that causes them to fear for their safety or the safety of someone known to them. The threat can be expressed verbally, in writing, or through any other means of communication.
To be charged with uttering threats, the two elements must generally be proven: intent, and reasonable fear.
Intent means that the person making the threat must have the intention to cause the other person to fear for their safety or the safety of someone known to them. It is not necessary for the person making the threat to have the actual ability to carry out the threat.
In must also be true that a reasonable person in the same circumstances as the recipient of the threat would fear for their safety or the safety of someone known to them, hence reasonable fear.
Uttering threats can be treated as a serious offense, and if convicted, the penalties can include fines, probation, and imprisonment, depending on the circumstances of the case.
The laws pertaining to verbal assault are highly subjective, and subject to interpretation from a judge. In addition to this, specific circumstances and details of each case can affect how the law is applied.
If you were charged with uttering threats, you will need the help of a criminal defence lawyer in order to avoid penalties. Get in touch with the criminal defence team at Dhanu Dhaliwal Law Group today to get a case evaluation. We can provide the best legal representation in BC and work with you toward the best possible outcome for your case – including dropping charges or reducing fines and penalties. Call us today or fill out our contact form to get started.
