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Plans109
Charter Evidence Exclusion Application (Accused)

Criminal Law/5s/Federal

↳
Conscriptive Statement Pathway

Criminal Law/5s/Federal

↳
Derivative Physical Evidence Pathway

Criminal Law/5s/Federal

↳
Non-Derivative Physical Evidence Pathway

Criminal Law/5s/Federal

Criminal Defence: First Degree Murder (Accused)

Criminal Law/5s/Federal

↳
NCRMD (s. 16)

Criminal Law/4s/Federal

↳
Provocation (s. 232)

Criminal Law/3s/Federal

↳
Self-Defence (s. 34)

Criminal Law/3s/Federal

↳
Constitutional Challenge: Parole Ineligibility (s. 12)

Criminal Law/3s/Federal

Criminal Defence: Second Degree Murder (Accused)

Criminal Law/5s/Federal

↳
Intoxication Pathway

Criminal Law/3s/Federal

↳
Provocation Pathway (s. 232)

Criminal Law/3s/Federal

↳
Self-Defence Pathway (s. 34)

Criminal Law/3s/Federal

↳
NCRMD and Automatism Pathway (s. 16)

Criminal Law/4s/Federal

Criminal Fraud Over $5,000 Defence

Criminal Law/6s/Federal

Criminal Fraud Under $5,000 Defence

Criminal Law/7s/Federal

Criminal Fraud Under $5,000 Defence

Criminal Law/7s/Federal

Criminal Fraud Under $5,000 Defence

Criminal Law/7s/Federal

Criminal Fraud Under $5,000 Defence

Criminal Law/7s/Federal

Criminal Law: Break and Enter Defence

Criminal Law/5s/Federal

↳
Non-Dwelling (Indictable Election)

Criminal Law/3s/Federal

↳
Non-Dwelling (Summary Election)

Criminal Law/3s/Federal

Criminal Law: Intimate Images (s. 162.1)

Criminal Law/4s/Federal

↳
Synthetic Media Defense (Pre-Bill C-16)

Criminal Law/3s/Federal

↳
Youth Complainant (Concurrent s.163.1 CSAM Risk)

Criminal Law/3s/Federal

Criminal Law: Mischief (Under/Over $5,000) (Accused)

Criminal Law/5s/ON

↳
Hate-Motivated / Memorial

Criminal Law/3s/ON

↳
Domestic Mischief

Criminal Law/3s/ON

↳
Danger to Life

Criminal Law/3s/ON

↳
Data / Cyber Mischief

Criminal Law/3s/ON

Criminal Law: Peace Bond & Statutory Recognizance Defence (Respondent)

Criminal Law/7s/Federal

↳
Alberta Court Practice & Civil Restraining Orders

Criminal Law/4s/AB

↳
Ontario Practice Direction & Court Mediation

Criminal Law/4s/ON

↳
British Columbia CCFM Rules & Picklist Conditions

Criminal Law/4s/BC

Criminal Law: Possession of Stolen Property Defence

Criminal Law/7s/ON

↳
Value Not Exceeding $5,000 (Diversion/Summary)

Criminal Law/4s/ON

↳
Value Exceeding $5,000 (Indictable Exposure)

Criminal Law/4s/ON

Criminal Law: Robbery Defence (OCJ Judge Alone)

Criminal Law/8s/ON

↳
Trial in Superior Court of Justice (with Preliminary Inquiry)

Criminal Law/4s/ON

Criminal Law: Unauthorized Firearms Possession (Defendant)

Criminal Law/6s/Federal

↳
Knowing Possession (s. 92)

Criminal Law/3s/Federal

↳
Loaded Prohibited/Restricted (s. 95)

Criminal Law/4s/Federal

Dangerous Offender Designation Defence (Accused)

Criminal Law/5s/Federal

↳
Indigenous Accused (Gladue & Actuarial Bias Challenge)

Criminal Law/5s/Federal

↳
Sexual Offence Gateway (s. 752(b) & SORAG/Static-99 Challenge)

Criminal Law/5s/Federal

↳
Appellate Review of Designation or Indeterminate Sentence (s. 759)

Criminal Law/3s/Federal

Defence Representation: Criminal Harassment s. 264

Criminal Law/7s/Federal

Defence Representation: Uttering Threats s. 264.1

Criminal Law/7s/ON

↳
Intimate Partner Violence - Reverse Onus Bail (Bill C-48)

Criminal Law/5s/ON

↳
PAR Program Diversion - Early Intervention Stream

Criminal Law/3s/ON

↳
Concurrent Charges - Criminal Harassment and Weapons Offences

Criminal Law/4s/ON

Defending Manslaughter Charges

Criminal Law/5s/Federal

↳
Provocation Reduction

Criminal Law/2s/Federal

↳
Criminal Negligence Manslaughter

Criminal Law/2s/Federal

↳
Unlawful Act Manslaughter

Criminal Law/2s/Federal

Enforcement of Foreign Letters Rogatory - Ontario Superior Court

Civil Litigation/6s/ON

↳
Witness Opposing or Limiting Scope of Letters Rogatory

Civil Litigation/4s/ON

Gladue Sentencing Submission (Accused)

Criminal Law/5s/Federal

↳
Ontario (ALS/ONWA) and Gladue Court Pathway

Criminal Law/3s/ON

↳
Federal Corrections Reintegration (CCRA Section 81/84)

Criminal Law/3s/Federal

↳
British Columbia (BCFNJC) GIMS Workflow

Criminal Law/3s/BC

Hague Convention Child Abduction - CLRA Application, Left-Behind Parent (Ontario)

Family Law/6s/ON

↳
Respondent Resisting Return - Settled Child or Child Objects (s 46(4)(b)/(f) CLRA)

Family Law/5s/ON

Indictable Offence Appeal (Appellant)

Criminal Law/6s/ON

↳
Newfoundland and Labrador

Criminal Law/3s/NL

↳
British Columbia

Criminal Law/3s/BC

Long-Term Offender Designation (Accused)

Criminal Law/5s/Federal

↳
LTSO Suspension and Breach (s 753.3)

Criminal Law/3s/Federal

↳
LTSO Transition and Post-Release Compliance

Criminal Law/3s/Federal

↳
Dangerous Offender Application Pivot

Criminal Law/3s/Federal

Not Criminally Responsible (NCR) Defence and Fitness (Accused)

Criminal Law/5s/Federal

↳
High-Risk Accused (HRA) Designation

Criminal Law/3s/Federal

↳
Review Board Administration & Provincial E-Filing

Criminal Law/3s/Federal

↳
Restoration of Fitness - Treatment Order Pathway

Criminal Law/3s/Federal

Oppression Remedy Application - Minority Shareholder

Corporate Law/6s/ON

↳
Director or Officer Respondent - Defending Personal Liability Claim

Corporate Law/4s/ON

Preliminary Inquiry (Accused)

Criminal Law/9s/Federal

↳
Ontario Practice Direction - Provincial Court Procedure

Criminal Law/3s/ON

↳
Alberta Practice Direction - Provincial Court Procedure

Criminal Law/3s/AB

↳
British Columbia Practice Direction - Provincial Court Procedure

Criminal Law/3s/BC

Proceeds of Crime and Asset Forfeiture (Respondent)

Criminal Law/6s/Federal

↳
Post-Stay Forfeiture Defence - R v Nguyen 2026 SCC 10

Criminal Law/3s/Federal

↳
Pre-Trial Restraint and Variation - s.462.33 to s.462.35

Criminal Law/3s/Federal

↳
Provincial Civil Forfeiture - Ontario CRA and BC CFA (Norgan Bifurcation)

Criminal Law/3s/Federal

↳
Third-Party Interest Claim - s.462.42

Criminal Law/3s/Federal

Record Suspension Application (Applicant)

Criminal Law/6s/Federal

↳
Cannabis Act Simple Possession - Schedule 3 Immediate Eligibility

Criminal Law/3s/Federal

↳
Schedule 1 Exception - s.4(3) Pathway

Criminal Law/3s/Federal

↳
Post-Grant IRCC Criminal Rehabilitation - Foreign National

Criminal Law/3s/Federal

SOIRA Registration (Respondent)

Criminal Law/6s/Federal

↳
Termination Application - s.490.015 Pathway

Criminal Law/3s/Federal

↳
Mandatory Registration - s.490.012(1) and (2) Pathway

Criminal Law/3s/Federal

↳
Ontario Dual-Registry - Christopher's Law OSOR Compliance

Criminal Law/3s/ON

Section 11(b) Trial Delay Application (Accused)

Criminal Law/5s/Federal

↳
Ontario Case Management Reform Track (3-Appearance Limit)

Criminal Law/3s/ON

↳
Superior Court or Preliminary Inquiry Pathway (30-Month Ceiling)

Criminal Law/3s/Federal

↳
Sub-Ceiling Delay Pathway (Defence Onus)

Criminal Law/3s/Federal

Statutory Discharges under Section 730 (Accused)

Criminal Law/5s/Federal

↳
Immigration and Transnational Travel Consequences

Criminal Law/3s/Federal

↳
Ontario Court of Justice Procedure

Criminal Law/3s/ON

Summary Conviction Appeal

Criminal Law/5s/ON

↳
Trial de Novo under Section 822(4)

Criminal Law/5s/ON

YCJA Adult Sentencing and Custody Transitions (Accused)

Criminal Law/6s/Federal

↳
Transition and Placement Review (Ages 18 and 20)

Criminal Law/3s/Federal

↳
Specialized IRCS Sentence Pathway

Criminal Law/3s/Federal

YCJA Summary Offence Prosecution (Accused)

Criminal Law/5s/ON

↳
Section 31 Responsible Person Custody Alternative

Criminal Law/3s/ON

↳
12-Month Limitation Period Bypass (Hybrid Offences)

Criminal Law/3s/ON

↳
Extrajudicial Sanctions (EJS) Pathway

Criminal Law/3s/ON

Defence Representation: Uttering Threats s. 264.1

Legal Project Management Plan & Checklist

Implemented24 June 2026|Last updated14 Oct 2026|Practitioner-reviewed

Defend uttering threats charges under Section 264.1 of the Criminal Code in Ontario with bail, evidence, and PAR diversion strategies.

What must the Crown prove to convict on uttering threats?: Under s. 264.1(1)(a), the Crown must prove the accused knowingly uttered, conveyed, or caused any person to receive a threat to cause death or bodily harm. The actus reus is assessed objectively per R. v. Clemente - a reasonable person in the circumstances must perceive the words as a threat. The mens rea requires proof the accused intended the words to be taken seriously or was reckless as to their threatening character. Words spoken in jest, hyperbole, or frustration without intent to intimidate do not satisfy this standard.

Does Bill C-48 apply to bail for uttering threats?: Yes, if the charge arises in an intimate partner context. Bill C-48 (S.C. 2023, c. 30, assented December 5, 2023 and in force January 4, 2024) expanded the existing reverse onus in s. 515(6)(b.1) of the Criminal Code so that it applies where the accused is charged with an IPV offence and has a prior IPV conviction or a prior s. 730 discharge. Since July 17, 2026 the same onus applies where the accused was subject to a recognizance under s. 810, 810.02, 810.03, 810.1 or 810.2 laid on behalf of an intimate partner at the time of the alleged offence (s. 515(6)(b.1)(ii)). Since July 15, 2026 the accused must show cause by clearly demonstrating that the proposed release plan addresses the risks relating to the s. 515(10) grounds.

Derivative Plans (3)

PAR Program Diversion - Early Intervention Stream

Specialised Fork

Resolve uttering threats charges through the Ontario Partner Assault Response (PAR) program diversion, avoiding a conviction.

Intimate Partner Violence - Reverse Onus Bail (Bill C-48)

Specialised Fork

Navigate the Bill C-48 reverse onus bail regime for uttering threats charges arising in an intimate partner violence context in Ontario.

Concurrent Charges - Criminal Harassment and Weapons Offences

Specialised Fork

Defend uttering threats charges with concurrent criminal harassment (s. 264) and weapons offences in Ontario, managing compounded legal jeopardy.

Can text messages be admitted as evidence in a s. 264.1 prosecution?: Yes. Text messages, social media posts, and voicemails are admissible as electronic documents under ss. 31.1-31.8 of the Canada Evidence Act. The authentication threshold is low per R. v. C.B. - context, timestamps, and corroborating testimony suffice. Section 264.1 is not among the offences listed in s. 278.29(1) of the Criminal Code, so the screening regime for records in the accused's possession (ss. 278.29 to 278.34) does not apply unless the offence is of a sexual nature or committed for a sexual purpose, or the proceedings include a listed offence.

What is the PAR program and can it avoid a conviction?: The Partner Assault Response (PAR) program is a 12-session group education and counselling program delivered by community agencies in Ontario for people ordered by a court to attend. Under Ontario's Crown Prosecution Manual (directive D. 23), a prosecutor may recommend counselling through an early intervention program only where the accused pleads guilty or agrees to enter into a s. 810 recognizance, has no convictions for violence-related offences, caused no serious injury or harm, used no weapon, and the victim has been consulted. The directive does not state the outcome on completion; confirm the Crown's position in writing. A peace bond is not a conviction and involves no finding of guilt, but a record of it is added to the national police database (CPIC).

Jurisdiction: Ontario Court of Justice. Enhanced Designation of Counsel under Rule 4.5 triggers a standard 12-week adjournment. Judicial Pre-Trials under Rule 4.2 are mandatory for matters requiring 4+ hours of court time.

The Process at a Glance: The defence lifecycle begins with immediate custody triage and immigration risk assessment. Counsel files an Enhanced Designation of Counsel to secure the 12-week intake adjournment, during which Stinchcombe disclosure is received and audited. The Crown's election (indictable or summary) is tracked as it dictates sentencing exposure and mode of trial. Pre-trial negotiations target peace bond or PAR program diversion resolutions. If unresolved, counsel prepares a Judicial Pre-Trial, files any substantive applications (s. 11(b) delay, O'Connor third-party records), and proceeds to trial defending the actus reus and mens rea. Post-disposition, ancillary orders (weapons prohibitions, DNA) are addressed and file closure is completed.

Key Legislation and Case Law: Governed by Section 264.1 of the Criminal Code (RSC 1985, c. C-46). Key authorities include R. v. Clemente (objective threat standard), R. v. McRae 2013 SCC 68 (mens rea - intention or recklessness), R. v. Jordan 2016 SCC 27 (trial delay ceilings), and R. v. Stinchcombe (Crown disclosure obligations). Digital evidence governed by Canada Evidence Act ss. 31.1-31.8. Bail reverse onus under s. 515(6)(b.1) as amended by Bill C-48. The Partner Assault Response program is described on ontario.ca; Crown early intervention in intimate partner violence cases is covered by Crown Prosecution Manual directive D. 23.

* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Defence Representation: Uttering Threats s. 264.1 matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.

This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.

Criminal LawLitigationDefendant CA
0
Stages
7
Tasks
21
Effort
94u
Key Dates
6
PMS Fields
220
  1. Stage 1: Stage 1: Client Intake, Conflict Check and Custody Triage (5 tasks)
  2. Stage 2: Stage 2: Bail Strategy and Pre-Trial Liberty (3 tasks)
  3. Stage 3: Stage 3: Case Management and Enhanced Designation (2 tasks)
  4. Stage 4: Stage 4: Disclosure Audit and Evidence Preparation (4 tasks)
  5. Stage 5: Stage 5: Judicial Pre-Trial and Resolution Negotiations (2 tasks)
  6. Stage 6: Stage 6: Pre-Trial Applications and Trial Preparation (2 tasks)
  7. Stage 7: Stage 7: Trial, Sentencing and File Closure (3 tasks)

Key Dates

Trial Date3 tasks require this
Application Hearing Date1 task requires this
Bail Hearing Date1 task requires this
Crown Election Date1 task requires this
Information Sworn Date1 task requires this
Judicial Pre-Trial Date1 task requires this
Part of the OMPN Field StandardDefence Representation: Uttering Threats s. 264.1 - Fields (66afa1d7) - 220 matter.* fields (resolved with provenance)
FieldTokenTypeRequiredDefined in
Matter(4)
Matter numberⓘmatter.matterNumbertextRequiredinheritedmatter-core
Matter titlematter.titletext-inheritedmatter-core
Matter typeⓘmatter.matterTypetext-inheritedmatter-core
Matter statusmatter.statustext-inheritedmatter-core
Client(1)
Client namematter.clientNametextRequiredinheritedmatter-core
01
Stage 01

Stage 1: Client Intake, Conflict Check and Custody Triage

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01

Assess Bill C-48 Reverse Onus and IPV Status

High
Lawyer 2u (12m) T+1D
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02

Run Conflict Check and Initial Custody Intake

Critical
Lawyer 3u (18m) T+0D
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03

Execute Immigration Alert and IRPA s. 36 Assessment

Critical
Lawyer 2u (12m) T+1D
02
Stage 02

Stage 2: Bail Strategy and Pre-Trial Liberty

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01

Initiate Bail Plan and Surety Preparation

Critical
Lawyer 5u (30m) Bail Hearing Date +2D
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02

Draft Bail Condition Carve-Outs for Family Court Overlap

High
Lawyer 3u (18m) T+5D
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03

Client Compliance Briefing on Bail Conditions

High
Lawyer 2u (12m) T+6D
03
Stage 03

Stage 3: Case Management and Enhanced Designation

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01

Set Jordan Clock and Case Management Triggers

High
Paralegal 1u (6m) Information Sworn Date +7D
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02

File Enhanced Designation of Counsel (Rule 4.5)

High
Paralegal 2u (12m) T+7D
04
Stage 04

Stage 4: Disclosure Audit and Evidence Preparation

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01

Analyse Defence Theories: Actus Reus and Mens Rea

Critical
Lawyer 6u (36m) T+35D
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02

Assess and Initiate O'Connor Third-Party Records Application

Medium
Lawyer 5u (30m) T+30D
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03

Receive and Audit Stinchcombe Disclosure

High
Lawyer 6u (36m) T+21D
05
Stage 05

Stage 5: Judicial Pre-Trial and Resolution Negotiations

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01

Negotiate Resolution: Peace Bond or PAR Program Diversion

High
Lawyer 4u (24m) T+60D
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02

Conduct Judicial Pre-Trial (JPT) under Rule 4.2

High
Lawyer 4u (24m) Judicial Pre-Trial Date +56D
06
Stage 06

Stage 6: Pre-Trial Applications and Trial Preparation

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01

Prepare and File Substantive Pre-Trial Applications (Form 1)

High
Lawyer 8u (48m) Application Hearing Date +70D
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02

Prepare Trial Brief and Witness Strategy

Critical
Lawyer 10u (60m) Trial Date +90D
07
Stage 07

Stage 7: Trial, Sentencing and File Closure

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01

Address Sentencing and Ancillary Orders

High
Lawyer 6u (36m) Trial Date +125D
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02

Attend Trial and Present Defence

Critical
Lawyer 15u (90m) Trial Date +120D
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03

Final File Audit and Closure Protocol

Medium
Paralegal 2u (12m) T+135D

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