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CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 243
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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I had am argument with a co worker because I was standing up

Customer Question

Hello Sir
I had am argument with a co worker because I was standing up to long term harassment and said something that might be perceived as a threat but I did not mean it as a threat at all I simply meant I will yell at them , I said " I can't get you at work but I can get you outside of work" they said thats a threat I said it's a warning . now they're requesting a peace bond which is damaging to my career , I wonder if I should admit saying that .
Submitted: 1 year ago.
Category: Canada Law
Expert:  CaptanLaw replied 1 year ago.

Hello

I`m a criminal defence lawyer and can assist with your inquiry. As you`re aware, we cannot provide specific legal advice as per the Terms of Service. We can simply provide general legal information about your situation.

The offence of Threatening Bodily Harm (or Death) under the Criminal Code requires the Crown Attorney to prove the following:

1) The actus reus (the prohibited act): the prohibited act for this offence is the making of a threat. Whether a `threat`was made is determined objectively (if it were to go to trial), based on whether the words viewed in the context in which they were spoken, would convey a threat of death or bodily harm to a reasonable person.

2) The mens rea (the guilty mind): in addition to the guilty act, the Crown at a trial would have to prove that the words used be expressed as a threat, with the intention to intimidate or to be taken seriously. The mens rea is determined by consideration of the words used, the context in which they were spoken and the person to whom they were directed. Additionally, if the accused testifies, any explanation offered by the accused would be considered.

Clearly, the law provides room for argument and interpretation. If you do not wish to sign a Peace Bond, your other option would be to go to trial. Before choosing such an option, you would be best off consulting with a criminal lawyer in your area, and showing them your disclosure. A trial, however, there is always a risk of being found guilty. If you are found guilty, the outcome will be more severe than a peace bond (the very best outcome in that scenario would be a Discharge).

On the other hand, by signing a peace bond, your charge is normally withdrawn. Moreover, by signing a peace bond, there is no admission of criminal liability (ie, you do not admit that you committed a criminal offence). Normally, there is an implied admission by signing a peace bond that the other person reasonably feared for his or her safety. With a peace bond, you do not risk being found guilty of the criminal offence.

I suggest you weigh your options with a criminal lawyer in your area. The safest route is always a peace bond. But if you are concerned it can cause problems with work, then you should see what your chances of success are at a trial.

I hope this helps. If it was, please provide a positive rating. Thanks

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