Is Verbal Assault a Crime in Canada?

Understanding the legal landscape of verbal abuse in Canada is crucial. While “verbal abuse” isn’t a standalone crime in the Criminal Code, specific actions associated with it—such as threats—can lead to serious legal consequences and criminal charges.

What Legal Actions Can Be Taken for Verbal Abuse?

The key distinction lies in the nature of the verbal conduct. While heated arguments are common, they can become criminal when they involve threats of harm. The most relevant section of the Criminal Code of Canada is Section 264.1, which addresses uttering threats.

This section makes it a crime to knowingly utter, convey, or cause a person to receive a threat to:

• Cause death or bodily harm to any person.
• Cause damage to property.
• Kill, poison, or injure an animal that is the property of any person.

Therefore, if verbal abuse includes any of these elements, it can be prosecuted as a criminal offense.

How Does the Criminal Code Define Assault?

Beyond uttering threats, the Criminal Code of Canada defines assault more broadly. According to Section 265, an assault is committed when a person:

• Threatens to apply force to another person.
• Causes another person to believe, on reasonable grounds, that they are in immediate danger of having force applied to them.

This means that even verbal threats, without any physical contact, can constitute an assault under Canadian law, as long as they create a credible fear of immediate harm.

What Evidence is Used in Verbal Assault Cases?

Cases involving verbal threats or abuse often rely on non-physical evidence. This may include:

• Witness testimony: Accounts from people who were present during the incident.
• Audio recordings: Such as voicemails or phone call recordings.
• Video evidence: Security camera footage or recordings that capture the incident.
• Text messages or emails: Written communications that contain threats.

Because these cases can involve conflicting accounts, having a clear and well-documented record of events is essential for the prosecution or defence.

What Are the Penalties for Uttering Threats or Verbal Assault?

The penalties for these crimes vary depending on the specific charge and the severity of the threats.

• Uttering Threats (Section 264.1):
  • Threats of death or bodily harm can result in imprisonment for up to five years.
  • Threats of property damage or harm to animals can lead to a maximum of two years in prison.
• Assault (Section 265):
  • A charge of assault can result in a prison sentence of up to five years, depending on whether it is an indictable offense or a summary conviction.

The presence of a weapon or the involvement of a deadly weapon can significantly increase the potential penalties.

Defence Against Verbal Assault Charges

If you are facing charges related to verbal assault or uttering threats, a skilled defence lawyer can help. Common defences may include:

• Arguing that the statements did not constitute a “true threat.”
• Claiming the statements were taken out of context or were not meant seriously.
• Contesting the reliability of the evidence, such as witness testimony.
• Demonstrating a misunderstanding of the situation.

A lawyer at AR Law can review the details of your case, advise you on the best course of action, and build a strong defence to protect your rights.