QUICK TAKEAWAY
Seizing Control of a Ship or Fixed Platform is a crime under Section 78.1 (1) of the Criminal Code. This crime involves the unauthorized taking or exercise of control over a ship or fixed platform by force or threat of force. Related charges also make it a crime to endanger the safety of a ship or fixed platform or to falsely communicate information that may endanger the safe navigation of a ship. The maximum penalty for these charges is life imprisonment. All three charges are treated as indictable offences.
Table of Contents:
What is Seizing Control of a Ship or Fixed Platform?
The charge of seizing control of a shipVessel not permanently attached to the seabed or fixed platformAn artificial island or a marine structure permanently attached to the seabed can be found under Offences Against Air or Maritime Safety in the Criminal Code. According to s.78.1 (1) of the Code, it is a crime if you seize or exercise control over a ship or fixed platform by force or threat of force. A related charge is s.78.1 (2) of the Code that makes it a crime for you to endanger the safety of a ship or fixed platform.
You can be charged under the second section if you:
- commit an act of violence against someone on a ship or fixed platform;
- destroy or cause damage to a ship or its cargo or to a fixed platform;
- destroy or cause serious damage, or interferes with the operation of any maritime navigational facility; or
- place or cause to be placed on board a ship or fixed platform anything that will damage it.
Another related charge is s.78.1 (3) of the Code, which makes it a crime to falsely communicate information that may endanger the safe navigation of a ship.
What is Needed to Convict
The Crown needs to prove beyond a reasonable doubt that you were involved in seizing control of a ship or fixed platform and that you had the criminal intention for doing so. It does not matter if the ship was in Canadian territory at the time, as international conventions have deemed that the laws of the country the ship is registered in apply in whatever waters a ship is in at the time.
Seizing Control of a Ship is an Indictable Offence
The three charges of seizing control of a ship or fixed platform, endangering the safety of a ship or platform and falsely communicating information that may endanger the safe navigation of a ship are all treated as indictable offenceIndictable offences are more-serious criminal offencess. You face imprisonment if convicted and could carry a maximum penalty of life in prison.
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Chambers Caldwell Law LLP
Stanley Foo Law Corporation
Turko And Company
Zachary Ng, Barrister & Solicitor
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Glossary of Legal Terms
Fixed platform
An artificial island or a marine structure permanently attached to the seabed for the purpose of exploration of resources or for other economic purposes. People can be charged with seizing or exercising control over a fixed platform.
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.
Ship
Every vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes, or a ship that has been withdrawn from navigation or is laid up.
