What is the test for making a threat to kill a person?

Ontario, Canada


The following excerpt is from Tremblay v Ottawa Police Services Board, 2016 ONSC 4185 (CanLII):

The threat must be more than speculative in nature. Mere suspicion does not suffice. The evidence relating to the threat must be credible. The threat must present a real risk of physical or psychological harm occurring to individuals in the community and the potential harm must be serious (Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, at para. 57; R. v. Litman, [2007] O.J. No. 5421 (C.J.), at paras. 18-22).

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