INTRODUCTION AND BRIEF DESCRIPTION
Section 214 of the Criminal Code of Canada defines the meaning of operate in different contexts, such as driving a vehicle, controlling railway equipment, and navigating a vessel or an aircraft.
SECTION WORDING
214 In this Part, "operate" (a) means, in respect of a motor vehicle, to drive the vehicle, (b) means, in respect of railway equipment, to participate in the direct control of its motion, whether (i) as a member of the crew of the equipment, (ii) as a person who, by remote control, acts in lieu of such crew, or (iii) as other than a member or person described in subparagraphs (i) and (ii), and (c) includes, in respect of a vessel or an aircraft, to navigate the vessel or aircraft;
EXPLANATION
Section 214 of the Criminal Code of Canada provides the definition of the term "operate" which is used throughout the code to describe the actions of driving or controlling various forms of transportation. The section makes a clear distinction between the different modes of transportation and the methods of control for each. In the case of a motor vehicle, "operate" refers specifically to the act of driving the vehicle. The definition is inclusive of any person who operates the vehicle, including the driver, and any other individuals who may be operating the vehicle by remote control on behalf of the driver. For railway equipment, the definition of "operate" extends to anyone who participates in the direct control of the motion of the equipment. This includes not only members of the crew of the equipment, but also anyone who operates the equipment by remote control or as otherwise authorized. When it comes to vessels or aircraft, "operate" includes the act of navigating these vehicles. This refers to any responsible person who is at the helm of the vessel or aircraft and is responsible for safely operating the vehicle. Overall, section 214 is important in providing a clear definition of the term "operate" as it pertains to different modes of transportation. The clarity provided is important for legal purposes, particularly when it comes to determining the responsibility for various actions taken while operating different types of vehicles.
COMMENTARY
Section 214 of the Criminal Code of Canada is an important provision that clarifies the definition of the term operate" in the context of various types of vehicles. The section defines operate" in relation to a motor vehicle, railway equipment, vessel, or aircraft. The purpose of this provision is to ensure that individuals who engage in activities related to the use of these types of vehicles are held responsible for their actions if they cause harm to others or violate traffic laws. Under this provision, operate" means to drive a motor vehicle, navigate a vessel or aircraft, or participate in the direct control of the motion of railway equipment. The definition of operate" is further clarified with regard to railway equipment, which can be controlled by crew members, individuals who use remote control, or other persons who participate in the direct control of motion. This broad definition ensures that anyone who is involved in the operation of railway equipment is included in the provision, regardless of their specific role in the process. The inclusion of this provision in the Criminal Code is of utmost importance in ensuring the safety of the public. The definition of operate" clarifies that anyone who is responsible for the operation of a vehicle or equipment is accountable for their actions. It is a criminal offence to cause harm to others by operating a vehicle in a negligent or dangerous manner. This provision also makes it clear that individuals who operate vehicles or equipment while impaired by drugs or alcohol will be charged with a criminal offence. The inclusion of this provision also highlights the importance of proper training and education for individuals who are involved in the operation of vehicles or equipment. The definition of operate" is broad and covers a wide range of activities, which means that individuals must be properly trained and experienced to perform their duties safely and effectively. For instance, individuals who operate railway equipment must undergo specialized training, as they play a crucial role in ensuring the safe transportation of goods across the country. Overall, section 214 of the Criminal Code of Canada is an important provision that helps ensure the safety of the public by defining the term operate" in the context of various types of vehicles. The definition of operate" is broad and covers a wide range of activities, which means that anyone who is involved in the operation of vehicles or equipment must be properly trained and experienced to perform their duties safely and effectively. Ultimately, the inclusion of this provision in the Criminal Code helps ensure that those who operate vehicles or equipment do so responsibly and with the safety of the public in mind.
STRATEGY
Section 214 of the Criminal Code of Canada defines the term operate," which is an essential component in various criminal offenses relating to transportation. This definition impacts the interpretation and application of the criminal law, and therefore, it is important for individuals and organizations to understand its implications and consider it strategically when dealing with legal matters. Strategic Considerations: One strategic consideration when dealing with this section is to recognize that a finding of operation" is an essential element of many criminal offenses relating to transportation, particularly impaired driving offenses. In cases where a person is accused of operating a motor vehicle, railway equipment, or vessel/aircraft while impaired, the Crown must prove beyond a reasonable doubt that the accused was operating the vehicle or equipment at the time of the offense. As such, the defense strategy in such cases would be to challenge the evidence of operation or undermine the credibility of the Crown's witnesses who attest to the operation of the vehicle/equipment. Another strategic consideration is the potential for the broad interpretation of the term operate" to result in unintended or unreasonable criminal liability. For example, a person who is merely present in a motor vehicle while impaired may be found guilty of an offense, even if they did not physically operate the vehicle. Similarly, a person who has control over a remote-controlled railway equipment may face criminal liability for its operation, even if they are not physically present. As such, individuals and organizations must be aware of the potential for overbroad application of this provision and take steps to minimize their exposure to criminal liability. Additionally, the definition of operate" in Section 214 extends to the direct control" of a vehicle or equipment, which implies a certain level of physical interaction or participation. Where the operation of a vehicle is indirect or remote, such as in the case of autonomous vehicles, the application of this provision may be uncertain. As such, individuals and organizations must continuously monitor legal developments relating to the use of autonomous vehicles and ensure that their operations comply with the law as it evolves. Strategies: One strategy that individuals and organizations can employ when dealing with this section of the Criminal Code is to ensure that their operations are consistent with the legal definition of operate." This includes ensuring that any employees or agents who operate vehicles or equipment are properly licensed and trained and that all vehicles and equipment comply with applicable safety regulations. Organizations should also consider implementing policies and procedures to prevent impaired or reckless driving by employees and take steps to monitor and enforce compliance with such policies. Another strategy is to proactively address issues relating to the overbroad application of the provision. This may include advocating for legal reform to clarify the definition of operate" or challenging the constitutionality of the provision in specific cases where it results in unreasonable or unintended criminal liability. Additionally, individuals and organizations may consider taking steps to minimize their exposure to liability, such as by limiting their involvement in potentially risky operations or investing in new technologies that reduce the need for direct human control of vehicles/equipment. In summary, Section 214 of the Criminal Code of Canada defines the term operate" and has significant implications for criminal offenses relating to transportation. Strategic considerations when dealing with this section include recognizing the importance of operation as an essential element of many offenses, being aware of the potential for overbroad application of the provision, and monitoring legal developments relating to autonomous vehicles. Strategies that could be employed include ensuring compliance with the legal definition of operate," proactively addressing issues relating to overbroad application, and minimizing exposure to liability through limiting involvement in risky operations or investing in new technologies.