QUICK TAKEAWAY
The charge of Offensive Weapons and Explosive Substances: is a criminal offence under s.78 (1) of the Criminal Code. This charge applies to anyone who attempts to bring a weapon or explosive device on board an aircraft without the consent of the owner or operator. The definition of a weapon includes anything used to cause harm to others, including replica firearms or toy guns. The maximum penalty for this charge is 14 years in prison. This charge is treated as an indictable offence.
Table of Contents:
What is the Charge of 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 consent of the owner or operator of the aircraft. You can also be charged if the 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, including police and other law enforcement agents.
Section 2 of the Code defines a weapon as anything that can be used to cause death or injury to others or an object or device that is designed to look like a weapon. Examples of weapons include firearms, explosives, BB guns, paint guns, crossbows, longbows, swords, prohibited blades, combat knives, brass knuckles and Tasers. It also includes replicas or imitation firearms, including toys. For a complete weapons list, refer to the Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted in the Code.
What is Needed to Convict
The Crown attorney needs to prove beyond a reasonable doubt 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.
Treated as an Indictable Offence
The charge of bringing offensive weapons and explosive substances on board an aircraft is an indictable offenceIndictable offences are more-serious criminal offences. You face imprisonment if convicted.
Penalty for Offensive Weapons and Explosive Substances
The charge for bringing offensive weapons and explosive substances on board an aircraft carries a maximum penalty of 14 years in prison.
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Red Elk
Affleck & Barrison LLP
Brian J. Scott Law - Criminal Lawyers
O'Brien, Balka & Khehra
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Evans, Mitchel-Gill.
Glossary of Legal Terms
Civil aircraft
All aircraft 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.
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.
