Published on: 10 May 2021
Last Updated on: 02 January 2025
Most people are familiar with the old saying that “sticks and stones can break my bones, but words will never hurt me.” The truth, of course, is that words actually can do a significant amount of damage, both to the person they are directed at and, under Canadian law, to the person who utters them.
We tend to think of assault as involving physical harm to a person, but according to the Criminal Code of Canada, threats are considered a type of assault — even when they are delivered via text, email, social media, or simply an aggressive gesture. If the receiver chooses to contact the police, the sender can be charged with a criminal offence.
In this article, we’ll explore the real-world consequences of words said in anger, and look at the options available to people who have unwittingly found themselves in legal trouble for uttering threats.
What is a Threat?
In the heat of the moment, people’s words can get away from them. But saying “you’re going to get what’s coming to you!” or “if you don’t shut that dog up, I will!” are actually considered a type of assault if the person you are directing your comments to receives them as a threat.
All of the following are considered to be threats under Canadian law:
Saying you will kill or cause bodily harm to a person
Saying you will damage their property
Saying you will injure, poison, or kill an animal owned by another person
Even if you have no intention or means of doing anything, as long as you knowingly said the words and the person you said them to felt threatened by them, they can file a police report. This may lead to charges being laid, in which case you will need to hire a Toronto criminal defence lawyer to represent you in court.
What are the Consequences of Uttering Threats?
Being charged with an offence does not necessarily mean you will be found guilty. The prosecution will need to prove not only that you uttered threats, but that you did so with the intent to create a sense of fear in the alleged victim, and that the alleged victim received your words or actions as a threat.
In order to mount a successful defence, you will need to prove either that your accuser did not actually feel threatened by your words, or that you did not say them with intent.
For example, Toronto criminal lawyers who have experience with threat-related assault cases may try to show that the alleged victim did not actually feel threatened by your words, but has made their claim as a way of inflicting harm for other reasons.
In some cases, assault charges involving threats are accompanied by harassment charges or domestic assault charges, so if you have been charged with this kind of offence, you should talk to a lawyer before deciding how to plead. Uttering threats can be punished by up to two years in jail and a $5,000 fine, leaving you with a lifelong criminal record.
Words have power, and loose talk about inflicting violence on others is taken very seriously by the legal system. While a good criminal defence lawyer can help you navigate such charges, the best defence is simply to watch what you say.
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If an accident had happened which was not your fault and has resulted in your injury, you may be interested in knowing about an interesting form of a lawsuit- Personal Injury. In order for your lawsuit to succeed, it may be necessary to have a qualified personal injury attorney on your side. Hagen Rosskopf explains the basic principles of personal injury law.
Most people do not contact personal injury lawyers until they have already been hurt, but it might not be a bad idea to secure the services of a lawyer before the accident occurs. This means you will not have to struggle to find someone in a chaotic time after your injury. This is especially important for workers in high-risk industries like construction.
You may feel that you have a low chance of needing a personal injury attorney, but in truth, injuries can happen at any time. Accidental injuries are the third leading cause of death in the United States. Many of these are car accidents, but other types of accidents can also lead to death or serious injury.
The Qualifications of a Personal Injury Attorney
Personal injury attorneys need to have a standard amount of schooling and training before they can practice. They must attend college and law school. They must also pass their individual state bar exam. Some multi-state tests are also given. The American Bar Association certifies specialty practices.
Types of Cases Handled by Personal Injury Lawyers
The type of law practiced in personal injury circles is known as “tort law.” Tort law protects people when their person or their property is harmed due to someone else’s negligence. If the tort action is successful, the defendant or their insurance company will have to pay damages to the injured party.
Events covered by tort law include personal injury, medical malpractice, and product liability. Most personal injury lawsuits are filed as a result of a car accident, but there is a wide variety of other accidents that could occur. Slip and falls, workplace injuries, animal bites, and injuries that overlap with actions in the criminal court are included.
Often, personal injury lawyers focus exclusively on one type of case. Sometimes a lawyer will take on an unfamiliar area, and they will have to consult experts to serve their client well.
Insurance Companies and Personal Injury
People may feel that their own insurance coverage should be able to protect them in the event of a personal injury. Sadly, this is often not the case. Getting your own money back from the insurance companies can be hard, and they will try everything to avoid paying the claim.
This is disheartening, especially when you have been a customer of the insurance company for many years. A quality personal injury attorney will be able to fight the insurance company for you and get the compensation you need.
A Personal Injury Case Roadmap
Before your lawyer files the case, you will need to sit down with them and determine whether someone else was responsible for the accident. They will help you find a defendant who caused your injury.
Your attorney will go over your injury and talk with you about its severity and how it has affected your daily life. They will talk with you about your legal options when it comes to the case.
After consulting with you, the attorney will need to do a full investigation. The accident scene, witness testimony, photographs, police reports, records of medical diagnosis, and bills need to be examined in depth. The attorney needs to know how much money you make and how much you have lost as a result of the accident.
Medical and accident reconstruction experts may be secured. Experts are also needed to access the information in a vehicle’s “black box” which records speed and driver actions.
For the attorney, the next step is creating a demand package. The demand letter will give a complete picture of the financial, physical, and medical facts of the case. This will help to convince the defendant’s lawyer and the insurance company that you deserve financial help.
Demand letters are critical to resolving the case. Experienced attorneys write the best demand letters. These will make sure that you get everything you need.
Filing Your Lawsuit
If your settlement cannot happen out of court, your attorney will need to officially file the lawsuit. Most personal injury cases do not result in a trial, but it is a good idea to be prepared.
In the discovery phase of the trial, obtaining evidence is the most important activity. Personal injury attorneys are good at securing information from the other attorney and the defendant’s insurance company. This information can help to cement the case.
Judges may take cases under mediation. In this case, the defendant may settle ahead of the trial. If mediation does not work, it has to be decided via a trial. If your personal injury attorney is experienced in court, you will get the best results. Unfortunately, some cases may take years to resolve if the courts are involved.
Understanding Personal Injury Law
If you are injured in an accident that was not your fault, consult with a qualified attorney. Hagen Rosskopf encourages injured parties to find a quality lawyer in their local area to help them with their case.
Read Also:
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Boating is a fun and exciting activity that many people enjoy. Whether you're out on the open ocean, cruising on a lake, or fishing in a river, there's nothing quite like the feeling of being out on the water.
But, with that excitement comes a certain amount of risk in the form of boating accidents. Unfortunately, accidents do happen to even the most experienced sailors, and they can be deadly.
If you’re someone who’s often out on the water or is looking to do so in the near future, it's important to be aware of the most common types of boating accidents. This will help you be better prepared in the event that you do find yourself in one and how a boating accident attorney can help you keep your head above water.
1. Collisions With Other Boats
This might sound hard to believe given the open nature of any water surface big enough to accommodate boats but boat collisions happen to be one of the most common types of boating accidents.
Collisions can happen in a variety of ways, such as head-on collisions, T-bone collisions, or rear-end collisions. They often occur due to a lack of visibility, inattention, or reckless operation of the vessel.
In the event of a boat collision, you should first, check for injuries and provide medical assistance if necessary. Then, assess the damage to both vessels and exchange information with the other party involved. This could come in handy if you ever need to recruit the services of a boating accident attorney.
It's also important to report the accident to the authorities, especially if there are injuries or significant property damage. Remember to get copies of any police or health records.
To prevent collisions, always maintain a safe speed and keep a lookout for other vessels. Be aware of your surroundings and use navigation aids such as charts and buoys to help you navigate. Avoid distractions such as using your phone or consuming alcohol while operating a boat.
2. Capsizing And Sinking
Capsizing occurs when a boat overturns while sinking happens when a vessel takes on water and eventually goes under. These accidents can be caused by a variety of factors, such as overloading, improper distribution of weight, or rough weather conditions.
If your boat capsizes or begins to sink, the most important thing is to stay calm. Try to gather any necessary safety equipment, such as life jackets or flares, and make sure everyone on board is accounted for. If possible, try to stay with the boat, as it can provide some flotation and protection from the elements.
3. Grounding And Running Aground
Grounding and running aground occur when a boat hits the bottom of a body of water, such as a sandbar or reef. These accidents can happen due to a lack of knowledge of the waterway, poor visibility, or equipment failure.
If you run aground, the most important thing is to assess the damage to your boat and determine if it's safe to stay put or if you need to move to a safer location. If you're stuck, try to lighten the load on the boat by removing any unnecessary gear or equipment.
4. Falls Overboard
Falls overboard happen due to a variety of factors, such as improper use of safety equipment, rough weather conditions, or alcohol consumption. Falls overboard can be particularly dangerous, as they can result in hypothermia, drowning, or other injuries.
If someone falls overboard, the most important thing is to act quickly. Stop the boat and throw a flotation device or life jacket to the person in the water. If possible, try to keep visual contact with the person and maneuver the boat to retrieve them.
Legal Implications Of Boating Accidents And How A Boating Accident Attorney Can Help
Boating accidents can have serious legal implications, especially if someone is injured or killed.
If you were in charge of the boat during the accident, it's important to follow proper protocol and report the incident to the authorities. Failure to do so can result in fines or legal action. If there are any injuries sustained, it's important to seek medical attention as soon as possible.
You may also want to consult with a boating accident attorney to help you understand your legal options, navigate the legal system, and ensure that you receive any compensation you're entitled to. They can also help you gather the necessary evidence to build a strong case and negotiate with insurance companies or other parties involved in the accident.
Read Also:
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In the cases of whistleblowers, or employees who have been returned to the workplace after winning a wrongful termination suit, any action taken by an employer that is "materially detrimental" to an employee is considered retaliatory under the law.
The following are examples of materially detrimental actions:
Dismissal
Being moved to a less desired position
Being passed over for a promotion
Not being hired/promoted are all examples of adverse employment actions.
In addition, significantly unfavorable actions are measures that an employer might use to discourage an employee from engaging in a protected activity are also prohibited. Some of these unfavorable actions might include:
Negating compensation for work. Click here for more on employee compensation.
Suspending
Any abuse or threats
Damaging, erroneous assessments of, or reports about, family members' treatment
So What May You Do Without Fear Of Reprisal?
According to the statute, workers are shielded from retaliation for engaging in certain "protected activities." The following statutes establish these guaranteed rights, and the EEOC is responsible for enforcing most of them. Relevant laws are:
Specifically, the (ADA),
The Age Discrimination in the Workplace Act (ADEA)
The Title VII of the Civil Rights of 1964
Section 501 of said Rehabilitation Act
There are also laws protecting employees' right to fair compensation and privacy of medical information and the safeguarding of employee privileges
The US Dept of Labor established OSHA to shield workers who blow the whistle by filing complaints or exercising their rights from any kind of reprisal. Go to Whistleblowers.gov for additional information.
There are strict deadlines for reporting retaliation that must be met before a claim can be filed with OSHA.
Three Broad Types Of Lawful Pursuits
These broad categories are summarized in this article and include the vast majority of legally sanctioned pursuits:
If an employee has a good faith and reasonable suspicion that their employer is engaging in unlawful conduct, he or she has a duty to disclose this suspicion, either to the company's internal compliance department or to the appropriate authorities. An employer cannot take any action against an employee that would have a "materially detrimental effect" because of this protected behavior. Real-world scenarios where an employee could disclose criminal activity include:
Disclose sexual harassment incidents
Having experienced prejudice of some kind
Confronting dangerous workplace circumstances and reporting them
False claims that the employer violated the law by not paying overtime or providing mandatory breaks
What is known as "whistleblowing" is a distinct field, however, any of these circumstances may be covered under the broad term of whistleblowing.
Possessing And Using One's Employee Rights
Many different agencies, both federal and state, have tackled the issue of protecting workers' rights. Limits on drug testing, the right to a minimum salary, paid and unpaid parental leave, the ability to return to civilian employment after military duty, the right to a safe and healthy workplace environment, etc. all fall within this vast category of employment law. The threat of retaliatory wrongful termination (https://en.wikipedia.org/wiki/Wrongful) exists whenever an employee seeks to exercise a legal privilege that is not to the liking of the employer.
Here are some frequent instances in which an employer may retaliate against a worker who is only asserting his or her rights:
Making a request for reasonable accommodations due to a disability or religious beliefs
Asking for a cut of tips received
Using paid time off for things like medical leave or civic duties like voting or jury duty
Taking part in a government inquiry - Employees have the right to take part in any legal proceedings, including investigations and hearings, that involve their employer.
This includes situations when an employee is asked to testify against their employer in court or when they voluntarily offer information to government authorities about the company's procedures.
There is an almost infinite list of potential motives for retaliation against a worker. Retaliation cases have the largest volume and proportion of all EEOC claims. Retaliation allegations have been on the rise over the years, now making up about 45 percent of all claims filed with the commission.
Verifying Retaliation
These three conditions must be met before an employee may file a claim with the EEOC against their employer:
There had been a protected event.
Employer reprimand or discipline
All of the aforementioned are linked together because of a causal relationship, which proves retaliation.
It is reasonably difficult to prove the third criterion, the connection between the employee's protected action and their subsequent firing. There can always be a “reason” for employee termination, especially in a right-to-work state. This means any and all evidence to the claim must be handled in a timely and efficient manner by an employment attorney to provide the appropriate documentation to file a case.
The link might be established based on either direct or circumstantial evidence. Finding remarks in writing or verbally that show the case is an example of direct evidence, whereas circumstances that suggest retribution were taken into account indirectly are examples of circumstantial evidence.
The burden of proof is with the employee; it is not on the employer to refute the allegation. For retaliation to be presumed to have taken place, there must be evidence that supports that likelihood.
Protections Against Retaliation
If the court finds that retaliation occurred, the following compensation is possible:
Pay in advance or readmission to work pending employment
Discretionary funds
The costs you spent before, during, and after your employment ended unfairly
Legal costs and time in court
Compensation for mental anguish
Damage awards against private companies as punishment
In many instances of retaliation, the parties are able to come to an agreement out of court and avoid going to trial. The amount of a retaliation settlement is determined by the nature of the dispute and the likelihood of the result. Companies often choose to settle employment disputes rather than risk the high costs of litigation if an employee has a compelling case.
However, it is always important to speak with a professional employment attorney as quickly as possible in order to ascertain the validity of your case.
Read Also:
Can an Employee Claims for a Personal Injury When Working From Home?
Understanding How Employee Recognition Can Aid Your Consulting Firm
Picking the Right Law Firm for You and Your Family
Being charged with an offence does not necessarily mean you will be found guilty. The prosecution will need to prove not only that you uttered threats, but that you did so with the intent to create a sense of fear in the alleged victim, and that the alleged victim received your words or actions as a threat.
In order to mount a successful defence, you will need to prove either that your accuser did not actually feel threatened by your words, or that you did not say them with intent.
For example, Toronto criminal lawyers who have experience with threat-related assault cases may try to show that the alleged victim did not actually feel threatened by your words, but has made their claim as a way of inflicting harm for other reasons.
In some cases, assault charges involving threats are accompanied by harassment charges or domestic assault charges, so if you have been charged with this kind of offence, you should talk to a lawyer before deciding how to plead. Uttering threats can be punished by up to two years in jail and a $5,000 fine, leaving you with a lifelong criminal record.
Words have power, and loose talk about inflicting violence on others is taken very seriously by the legal system. While a good criminal defence lawyer can help you navigate such charges, the best defence is simply to watch what you say.
