When Do Angry Words Become a Crime?

Understanding Uttering Threats in Canada: Lessons from R. v. Beites, 2025 ONCJ 582

Charges for uttering threats under section 264.1 of the Criminal Code remain among the most commonly misunderstood criminal offences in Ontario. A recent Ontario Court of Justice decision, R. v. Beites (2025 ONCJ 582), provides important insight into how courts interpret threatening language, especially when emotions are high and family conflict is involved.

If you or someone you care about is facing criminal charges for uttering threats, this case highlights what the courts look for and why context matters.

Background of the Case

In R. v. Beites, the accused was charged with two offences:

• Threatening to cause bodily harm to her son, and

• Threatening to burn her daughter-in-law’s business property.

Both allegations stemmed from a single angry voicemail she left on August 25, 2023. The message followed deep family tension, including her exclusion from her other son’s funeral. The voicemail used aggressive language, including statements such as “I’m gonna burn you… your wife’s business. Everybody’s going down.”

The defence argued that “burn” was meant figuratively—referring to ongoing civil disputes—not as an actual threat of arson.

What the Court Considered

1. The Legal Test for Uttering Threats

Under s. 264.1(1) of the Criminal Code, a person commits an offence if they knowingly utter or convey a threat:

• to cause death or bodily harm;

• to burn, destroy, or damage property; or

• to harm an animal belonging to someone.

The Crown must prove two things:
(a) Actus Reus – Would a reasonable person, aware of the surrounding circumstances, interpret the words as a real threat?
(b) Mens Rea – Did the accused intend their words to intimidate or be taken seriously?

Importantly, the law does not require the recipient of the threat to even hear it, nor does the Crown need to prove the accused intended to carry it out.

Why the Court Found the Words Were Criminal Threats

The judge emphasized several key factors:

1. Tone and Context Matter

The voicemail was angry, hostile, and emotional. It made no mention of legal proceedings or financial disputes. Instead, it focused on family estrangement and the accused feeling wronged.

2. Ambiguous Language Can Still Be a Threat

While words like “burn” or “going down” can have multiple meanings, courts examine how a reasonable person would interpret them in the circumstances.
The judge noted that vague or “veiled” threats—often used to intimidate while avoiding explicit wording—are still threats under the law.

3. A Reasonable Person Would Fear Harm

Given the strained family relationships and the aggressive nature of the voicemail, a reasonable listener would interpret the comments as:

• a real risk of bodily harm, and

• a serious threat to burn property.

4. Intent to Intimidate

The court found that the accused intended her words to have an intimidating effect and to be taken seriously.

As a result, Ms. Beites was found guilty on both counts.

Why This Case Matters for Anyone Charged With Uttering Threats

This decision reinforces that:

• You can be convicted even if you didn’t intend to carry out the threat.

• Angry or emotional outbursts can still meet the criminal threshold if a reasonable person would see them as threatening.

• Ambiguity does not guarantee safety. Courts can find a threat even where the wording is indirect or figurative.

• Context is crucial. Prior disputes, tone, relationships, and timing all influence how words are judged.

If you are facing charges for uttering threats, it is critical to contact a criminal defence lawyer who understands how courts interpret language and intent.

Conclusion

R. v. Beites is a strong reminder that what is said in moments of anger can have serious criminal consequences. Courts focus not just on the words spoken, but on how they would be perceived in context. A skilled Ontario criminal lawyer can evaluate the strength of the case, challenge the Crown’s interpretation, and protect your rights throughout the process.

Questions about this topic? See our page on assault charges in Mississauga, or call (289) 652-0529.