As Surrey and Fort St John criminal lawyers, as well as family law lawyers, with 4 offices across BC, we’d like to discuss the dangers of BC social media in family and other BC cases and more specifically- BC criminal charges for uttering threats on facebook, twitter or other social media sites. As Surrey and Fort St John family law lawyers, we often advise our clients to be wary of social media—Twitter, Facebook, etc.—anything where one can hastily write something and post or send it while in a bad temper and have it immortalized on the Internet. Rather than being viewed as the momentary behavioural aberrations they might be, or the harmless mouthing off that such comments would have been 20 years ago, these can often be used to provide a court with a shorthand into your character—with potentially negative consequences. We are here to help you at 1 877 602 9900.
For people going through divorce or separation who wish to avoid becoming criminal clients, however, there’s one more thing to consider: the Criminal Code of Canada, specifically, s.264.1, “uttering threats.” This section reads:
Uttering threats
- 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
- (a) to cause death or bodily harm to any person;
- (b) to burn, destroy or damage real or personal property; or
- (c) to kill, poison or injure an animal or bird that is the property of any person.
- Marginal note:Punishment
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
-
- (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
- (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
- Marginal note:Idem
(3) Every one who commits an offence under paragraph (1)(b) or (c)
-
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- (b) is guilty of an offence punishable on summary conviction.
So writing, “I’d like to punch him in the face,” “I’ll shoot him!” “I’m going to kill him!” can potentially attract criminal liability under this section. How to avoid this? First of all, don’t write it in the first place. Social media are goldmines for interested parties, (ex-spouses, fair weather friends, private investigators, employers, the media). I’m sure that everyone has heard this ad nauseum, but hardly a month goes by without me seeing some kind of major social media faux pas in the paper (to say nothing of my caseload) so it bears repeating: the Internet is forever. If you want/need to vent, talk to somebody over the phone. Making a mis-step on the Internet, over the e-mail, etc. can cause family difficulties, employment problems, and create grounds for the laying of criminal charges.
What if you’ve said something stupid (involving a comment expressing a desire to do violence, regardless of whether or not it was a joke or not meant to be taken literally) anyway? The first step, if possible, is to try and delete it before anybody notices and has the opportunity to be threatened. The next step is risk evaluation—where did I post/send it (a posting on a wall may be treated differently from e-mailing or texting the actual person being mentioned, though please note that your threat does not actually have to be conveyed to the person against whom it was made in order for there to be a conviction)? Does the person involved have access to your Facebook page? Did I mention a specific name? How detailed was my commentary? “I’m going to kill X” may be different from “I’m going to shoot X with my .357 Magnum at 5:30 tomorrow as he’s leaving work at Y.” Were there other similar comments made? Do you have a history of violent behavior or previous related criminal charges?
Context can matter, too. For example, assume that a wife tells her husband that they want to separate, and his responsive e-mail attaches an article such as, for example, “Spousal Homicide Risk and Estrangement” (Wilson & Daly), 1993, Violence and Victims, vol. 8, no. 1, which states:
Regardless of whether victimization rates for estranged spouses are computed per million
separated men or per million separated women, wives in all three countries incurred substantially elevated risk when separated as compared to when coresiding.
In these circumstances, in the context, this otherwise presumably correct, informative, and innocuous article could be interpreted as a threat. While complaints are not always made, and charges not always approved by Crown in every example of a reported complaint, why take the risk? It could also wind up being a part of your custody case, and even the best result your criminal lawyer can get you can still cause problems in the related family case. As always, a pound of prevention is worth an ounce of cure. If you are charged with a criminal offence, remember that your liberty or future job prospects could be at stake, so consult with a lawyer before making any big decisions. One of our criminal lawyers in our Surrey office can be reached at 604 576 5400.
