Offensive Weapons and Explosive Substances

The charge of Offensive Weapons and Explosive Substances can be found under Offences Against Air or Maritime Safety in the Criminal Code. According to s.78(1) of the Code, you can face this charge if you board a civil aircraftAll aircraft other than those operated by Canadian enforcement agencies with an offensive weapon or any explosive substance without the consentVoluntary agreement to engage in an sexual act of the owner or operator of the aircraft. You can also be charged if consent was granted, but you are not complying with all terms and conditions on which the consent was given. This law applies to everyone except peace officers who are acting in the execution of their duty, such as police and other law enforcement agents.

Section 2 of the Code defines a weapon as anything used, designed to be used, or intended for use in causing death or injury to any person, or for the purpose of threatening or intimidating any person. Examples of weapons include firearms, knives, crossbows, brass knuckles, and Tasers. The Criminal Code and its regulations also list many specific items classified as prohibited or restricted weapons.

Sections 79 to 82 of the Code address related but separate offences involving explosive substances. Those provisions do not require any connection to an aircraft and are prosecuted independently of s.78. One example is s.82, which makes it an offence to possess an explosive substance without lawful excuse even outside any aviation context.

The Crown attorney needs to prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you intentionally boarded an aircraft carrying a weapon or explosive device that could be used to harm others or damage the plane and that you had criminal intent. It does not matter if the airplane was in Canadian territory at the time of your arrest, as international conventions deem the laws of the country the craft is registered in apply to the airspace it is in.

The charge of bringing offensive weapons and explosive substances on board an aircraft is an indictable offenceA more serious type of Canadian criminal offence.. You face imprisonment if convicted.

The charge under s.78 carries a maximum penalty of 14 years in prison. There is no minimum sentence.

Sections 79 to 82 of the Criminal Code create related but separate explosive-substance offences that are not specific to aircraft. Those provisions cover the duty of care in handling explosives (s.79), breach of that duty (s.80), using explosives to cause harm or damage (s.81), and simple possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of an explosive substance without lawful excuse (s.82). Because those offences are distinct and stand independently of s.78, the maximum penalties differ, and some carry a maximum of life imprisonment. If you are facing charges under any of those sections, the penalty range will depend on the specific provision charged.