Under section 264.1 of the Criminal Code, it is a criminal offence to threaten in any way to: cause bodily harm or death to another person(s); to damage property of another person(s); or to injure or kill an animal of another person(s). Whether what the person said or did is considered a threat is determined by the judge based on an objective analysis i.e. would a reasonable person in the circumstances perceive what was said or conveyed as a threat. It is important to note, that whether the person who made the threat or gesture meant to carry out the threat is irrelevant. Similarly, a person could be found guilty even if the target of the threat never heard or was unaware of the threat; instead it is sufficient for the Prosecutor to prove that the threat was communicated to someone. Even a conditional threat i.e. “if you don’t come to the mall tomorrow I will hurt you” is sufficient. Importantly, the Prosecutor must also establish that the person who made the threat meant or intended for the threat to intimidate or to be taken seriously.