Criminal Harassment & Uttering Threats Defences

What are the various defences for crimes such as uttering threats or criminal harassment? There are two ways typically that we go about attempting to resolve these matters here at Aitken Robertson. First, we always review the evidence against the accused individual. If the evidence permits, then we may seek a withdrawal of these charges, or we may attempt to take these charges to trial to demonstrate that the crimes, as alleged, have not been proven beyond a reasonable doubt. It is required that the Crown prove beyond a reasonable doubt that a threat has been uttered, as defined by the Criminal Code, or that an individual has been harassed as defined by the Criminal Code. Without the ability to do so, then the individual cannot be convicted of these offences. When the evidence permits, we often take these types of offences to trial, in order to have the individual fully vindicated. If there is some culpability after review of the evidence, we try to resolve these matters. Not every single matter need be resolved with the acquisition of a guilty plea, and therefore a criminal record. Therefore what we will try to do is to demonstrate the positive merits of the case, and the subjective good nature of the individual in order to resolve the matter in a manner that is palatable to all parties involved, and that hopefully does not result in the acquisition of a criminal record.