Offensive Weapons and Explosives on Aircraft (s. 78) Charges in Canada: Offences, Defences, Punishments

What is a charge of Offensive weapons and explosives on an aircraft?

Offensive weapons and explosives on an aircraft is covered under 78 of the Criminal Code of Canada. Offensive weapons and explosives on an aircraft occurs when a person, other than a peace officer authorized by law in the execution of his/her duty, knowingly brings an offensive weapon or explosive substance onto an aircraft.

Offensive weapons and explosives in an aircraft is a straight indictable offence.

Examples

Some examples of a charge of offensive weapons and explosives in an aircraft may include the following:

• Bringing a knife or edged weapon onto an aircraft, or attempting to bring one through airport security and onto aircraft.
• Bringing a firearm or gun onto an aircraft, or attempting to bring one through the airport security and onto aircraft.
• Bringing a pipe bomb or explosive device onto an aircraft

Defences 

The defences available to a charge of Offensive Weapons and Explosives on an Aircraft are entirely dependent on the facts of your case.

However, some defences to a charge of Offensive Weapons and Explosives on an Aircraft may include:

• The accused was wrongly identified as the person who committed the offence or brought the weapon onto the aircraft
• The accused did not intend to bring an offensive weapon or explosive device onto an aircraft
• The accused was mistaken in bringing an item deemed as an offensive weapon or explosive onto an aircraft

Punishment

A charge of Offensive Weapons and Explosives on an Aircraft is a straight indictable offence, which entails a maximum punishment as follows:

• If the crown proceeds by indictable, Imprisonment for a term not exceeding fourteen (14) years incarceration.

Punishments for Offensive weapons and explosives on an aircraft are considered serious by the court, and are a straight indictable offence. The maximum is no more than 14 years of incarceration. A charge of offensive weapons and explosives on an aircraft can also entail severe consequences for current and future employment opportunities, as well as future travel restrictions.

Overview of the Offence 

According to s. 78.1 of the Criminal Code:

The Guilty Act (Actus Reus)

The actus reus for a charge of offensive weapons and explosives on an aircraft under s.78 is established by proof, beyond a reasonable doubt, of the following:

• The accused was in possession of, or had knowledge, consent, and control of, an offensive weapon or explosive, which was brought, or attempted to be brought onto an aircraft, and did not have the permission of the owner or operator

The Guilty Mind (Mens Rea)

The mens rea for a charge of offensive weapons and explosives on an aircraft under s. 78 includes proving, beyond a reasonable doubt, that:

• The accused, knowing that their actions were unauthorized, brought, or attempting to bring, in their possession, an offensive weapon or explosive onto an aircraft

Defences

How to Beat a Charge of offensive weapons and explosives on an aircraft

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting an Offensive Weapons and Explosives on an aircraft charge:

Factual innocence

A strong defence against a charge of offensive weapon and explosives on an aircraft is to maintain that you are factually innocent. If you can show that the facts and the evidence do not support that you brought, or attempting to bring, an offensive weapon or explosive onto an aircraft, then you may have a defence that you were factually innocent.

Lack of Intent/Mistake

If you can show that you were never seeking to commit the offence and were merely accidentally transporting these items, or mistakenly brought the items, then this may be a defence for this charge, however, this should be taken on a case-by-case basis. For you to be convicted of offensive weapons and explosives on an aircraft, the crown must prove that you had knowledge that your actions would result in this charge. If this cannot be proved this could be a suitable defence.

Identity

Depending on the circumstances of your case, a possible defence to an offensive weapons and explosives on an aircraft charge may be to raise an identity defence. In this case, for this defence to be raised successfully, you will have to prove that you were not the person who committed the prohibited acts.

Any applicable Charter defences

The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Punishments

The Criminal Code provides for a possible maximum term of imprisonment of no more than 14 years for those convicted of an Offensive Weapons on an aircraft charge.

Frequently Asked Questions  

Is Offensive Weapons and Explosives on an Aircraft an indictable offence?

Offensive weapon and explosives on an aircraft is a straight indictable offence. This means that the crown prosecutor is required to proceed by indictment.

Can you go to jail for Offensive Weapons and Explosives on an Aircraft?

If you are convicted of Offensive Weapons and explosives on an aircraft, you can go to jail. A charge of Offensive weapons and explosives on an aircraft carries a maximum sentence of no more than 14 years in jail if convicted.

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