SELECTED CASE LAW
BRITISH COLUMBIA:
In 2007 BCSC 1596 Mr. M was charged with two counts of uttering threats and one count of intimidation. He was a teaching assistant at a university that was involved in a labour dispute between teaching assistants and the university that resulted in a government order to return to work. He sent an anonymous email to the university president during the labour dispute that referenced “suicide bombers and conspiratorial attacks, wrapped in the context of terrorism, was meant to terrorize the complainant and called for the administration’s immediate and total capitulation. The public would shudder with both disgust and fear when reading the e-mail.”[1]
The university president and her family moved from their resident, rented a different vehicle, and experienced stress and disruption in their lives after receiving the letter. After being arrested the police found a disk in Mr. M’s backpack that contained the threatening letter. Other evidence showed that the email had been sent from the university computer lab and his ID number had been used to log in. He argued that his wife had sent the email from the lab with-out his knowledge, using his account, but the court found this alibi unbelievable and self-serving. He was convicted of intimidation and the two counts of uttering threats were stayed. Mr. M was given a suspended sentence with one year of probation. Additional orders included a weapons ban, a prohibition from being on the university property, and to stay away from certain persons’ workplaces, residences and educational facilitates. Mr. M’s appealed was dis-missed.
Also see: 2005 BCPC 608 (Sentencing).
[1] 2005 BCPC 608 at para 20.
Criminal Offence(s): Intimidation