QUICK TAKEAWAY
Endangering the Safety of an Aircraft or Airport is a crime that occurs when an individual causes a disturbance or threatens violence on an aircraft, endangering the safety of the aircraft and those on board. This crime can be charged under two federal legislation, the Criminal Code and the Aeronautics Act. Under the Code, the maximum penalty is life in prison, while under the Aeronautics Act, the maximum penalty is a $100,000 fine, a five-year prison term or both. The charge can be treated as an indictable offence or a summary conviction.
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What is Endangering the Safety of an Aircraft or Airport?
If you cause a disturbance or threaten violence on an aircraft, you can face charges under two pieces of federal legislation. Section 77 of the Criminal Code makes it a crime to commit an act of violence in the air that is likely to endanger the safety of the aircraft. It also makes it illegal to:
- use a weapon at an airport serving international civil aviationFlights other than those operated by the Canadian enforcement that is likely to cause serious injury;
- cause damage to an aircraft in service that renders the aircraft incapable of flight or endangers the safety of the aircraft in flightThe time from when an aircraft's external doors are closed to when they are opened after landing;
- place or cause to be placed on board an aircraft anything that is likely to cause damage to the aircraft;
- cause damage to or interfere with the operation of any air navigation facility;
- use a weapon, substance or device to cause serious damage to the facilities of an airport serving international civil aviation; or
- endanger the safety of an aircraft in flight by communicating to any other person information that you know to be false.
The Crown attorney also has the option of charging you under s.7.41 (1) of the Aeronautics Act. That section of the Act makes it a crime to engage in unruly or dangerous behaviour that endangers the safety or security of an aircraft in by intentionally:
- interfering with the performance of the duties of any crew member;
- lessening the ability of any crew member to perform that crew member's duties; or
- interfering with any person who is following the instructions of a crew member.
What is Needed to Convict
To win a conviction, the Crown needs to prove you were the person causing a disturbance or threatening violence in the air, thereby endangering the safety of the aircraft and all on board. Footage shot by other passengers of the incident can provide that proof, as well as testimony from passengers and air crew members. It also does not matter if the aircraft was in Canadian air space at the time of the incident, as international conventions state that the laws of the country the plane is registered in apply in whatever air space an aircraft is in at the time.
Treated as an Indictable Offence
If you have been charged with endangering the safety of an aircraft or airport under the Code, the Crown will prosecute it as an indictable offence, with prison likely upon conviction. If you are charged under the Act with unruly or dangerous behaviour in the air, the Crown can treat that as either an indictable offence or a summary conviction. Summary convictions come with less severe penalties than an indictable offence.
Penalties for Endangering the Safety of an Aircraft or Airport
The Criminal Code charge of endangering the safety of an aircraft or airport is always treated as an indictable offenceIndictable offences are more-serious criminal offences, with a maximum penalty of imprisonment for life. If you are convicted under the Aeronautics Act of unruly or dangerous behaviour in the air and the charge is treated as an indictable offence, the maximum penalty is a $100,000 fine, a five-year prison term or both. If the charge is prosecuted as a summary conviction, the maximum penalty is a fine of $25,000, an 18-month jail term or both.
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Keli D. Mersereau Criminal Law Office
Shellie Addley Barrister and Solicitor.
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Glossary of Legal Terms
Civil aviation
Flights other than those operated by the Canadian Forces, police forces or people engaged in the enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.
In flight
An aircraft is deemed to be in flight from the time all external doors are closed following embarkation until the time at which any external door is opened for the purpose of deplaning.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
