We’ve all sent messages we wish we could take back. Maybe it was a heated text in the middle of an argument. Maybe it was sarcasm that didn’t land. Or maybe it was something you never thought would leave your phone.
Here’s the reality: in Alberta, those words, even if sent through text, Snapchat, or Instagram DMs, can lead to criminal charges. That “just joking” message? It could become a criminal allegation of uttering threats.
Yes, really.
Let’s break down what counts as a threat under Canadian law, how digital messages can be used as evidence, and why having the right legal guidance could be critical if you ever find yourself in this situation.
What Counts As A Criminal Threat In Alberta?
Under Section 264.1 of the Criminal Code of Canada, it’s a criminal offence to knowingly utter, convey, or cause someone to receive a threat to:
- Cause death or bodily harm
- Damage property
- Harm an animal they own or care for
Importantly, the threat does not need to be carried out. In fact, you don’t even need to have the means to carry it out. If the person receiving the message reasonably believes it to be serious, that alone can lead to charges.
Texts, DMs, And Voice Notes Can All Be Used Against You
In today’s world, our phones feel like extensions of ourselves, and it’s easy to forget how permanent digital communication is. But when a dispute turns criminal, those messages are some of the first things police look for.
Screenshots, message logs, and even voice memos can be submitted as evidence. Yes, even if the app says the message “disappears.”
And courts in Alberta have repeatedly held that digital threats are just as serious as verbal ones, especially when it comes to domestic disputes, online arguments, or work-related tensions.
Common Scenarios That Lead To Uttering Threats Charges
Think this doesn’t apply to you? Think again. Here are a few real-world examples where people have been charged:
Heated Breakups
“You’ll regret this. I swear I’ll ruin your life.”, sent over iMessage.
Road Rage
“Try cutting me off again, and I’ll smash your car.”, voice memo saved from WhatsApp.
Online Disputes
“If you keep talking like that, I’ll find you and make you stop.”, in a Facebook DM.
What do all these have in common? Messages that seemed emotional or reactive were later treated as criminal threats once police got involved.
But I Was Just Venting, Isn’t That Free Speech?
Freedom of expression is a real right, but it doesn’t protect threats of violence.
In Canadian law, once a message crosses the line into threatening harm, even if you didn’t mean it, intent becomes less important than impact.
If the person felt genuinely threatened and the message was clear enough, police may lay charges. And once charges are laid, you’re now in the criminal justice system.
What Happens If You’re Charged With Uttering Threats?
Being charged doesn’t mean you’re guilty, but it does mean the stakes are high. Here’s what could happen if you’re found guilty of uttering threats in Alberta:
- A criminal record that follows you for years
- Up to five years in prison (for indictable offences)
- Restrictions on owning firearms
- Issues with employment, travel, and immigration
- Damage to your personal and professional reputation
Even if this is your first offence, the consequences can be long-lasting, especially if you don't handle the situation properly by partnering with an experienced uttering threats lawyer.
How Digital Evidence Is Handled In Court
One of the most complex aspects of these cases is how messages are authenticated. Screenshots alone aren’t always enough. The prosecution needs to prove:
- The message came from you
- It was received and understood by the complainant
- The message meant what it appeared to mean
Sometimes, metadata is pulled from devices. Other times, witnesses are called to confirm the context.
And in many Alberta cases, intent, tone, and history between the parties become critical factors in the court’s decision.
Possible Defences Against An Uttering Threats Charge
Not every text equals a conviction. Depending on the situation, you may be able to argue:
- Lack of intent (you didn’t mean harm)
- Ambiguity (the words were taken out of context)
- False accusation (you didn’t send the message at all)
- Charter violations (if your privacy rights were breached)
Every case is different, but a strong defence often begins with quick action and legal representation.
What To Do If You’re Accused
If someone has reported a message you sent, or if police have contacted you about a complaint, don’t wait. Here’s what to do:
✔ Say Nothing Without Legal Advice
You have the right to remain silent. Use it. Don’t try to “explain” things over the phone or in person. That can come back to haunt you.
✔ Preserve All Messages
Don’t delete your side of the conversation. Sometimes context can make or break a case. Save screenshots, logs, or voice messages.
✔ Get Legal Help Immediately
In many cases, having the right defence strategy early on can result in charges being dropped, reduced, or handled through non-conviction resolutions.
Words Matter, And In The Courtroom, They Matter Even More
We live in an era where everything is documented, and that includes your worst moments. One bad decision, one angry text, one sarcastic voice note can snowball into a serious criminal charge.
But being charged isn’t the same as being convicted. With the right legal approach, there are ways to navigate the system, challenge the evidence, and protect your future.
So if you’ve sent something you regret, don’t panic, but don’t ignore it either. How you respond now could shape what happens next.