Criminal Code of Canada - section 78(2) - Definition of civil aircraft

section 78(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines civil aircraft as any aircraft other than those operated by certain government entities.

SECTION WORDING

78(2) For the purposes of this section, "civil aircraft" means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

EXPLANATION

Section 78(2) is a provision found in the Criminal Code of Canada that outlines the meaning of "civil aircraft." It is important to understand the definition of civil aircraft in order to properly apply Section 78 of the Criminal Code, which deals with the offence of endangering the safety of an aircraft or its occupants. According to Section 78(2), "civil aircraft" refers to all aircraft that are not operated by the Canadian Forces, a police force in Canada, or persons engaged in the administration or enforcement of the Customs Act, the Excise Act, or the Excise Act, 2001. Essentially, this means that any aircraft not operated by these specific groups falls under the definition of civil aircraft. The distinction between civil and non-civil aircraft is important because Section 78 specifically addresses the endangerment of civil aircraft. The section makes it an offence to endanger the safety of any person on board a civil aircraft, or anyone on the ground as a result of actions taken towards a civil aircraft. The penalty for this offence can range from fines to imprisonment, depending on the severity of the endangerment. By defining civil aircraft in this way, the Criminal Code ensures that the law is clear on what types of aircraft fall under the category of civil aircraft and are therefore protected under Section 78. This provision helps to keep people safe while on board or near civil aircraft, and to hold accountable those who may attempt to endanger the safety of others in this way.

COMMENTARY

Section 78(2) of the Criminal Code of Canada is a provision that defines the term "civil aircraft" for the purpose of the section. This section is a crucial part of the criminal law because it deals with the offence of hijacking an aircraft and establishes that anyone who commandeers or takes control of a civil aircraft without lawful authority is guilty of an indictable offence. The provision defines the term "civil aircraft" by excluding aircraft flown by the Canadian Forces, police forces in Canada, or persons involved in the administration or enforcement of the Customs Act, Excise Act, or Excise Act 2001. This definition is essential because it helps to determine the scope of the offence of hijacking an aircraft and also helps to differentiate between civil and military aircraft. This distinction is crucial because the laws governing military aircraft are different from those governing civil aircraft. The purpose of this provision is to ensure public safety and security by preventing hijacking incidents. Hijacking an aircraft is a serious offence that can lead to loss of life, property damage and disruption of air travel. The provision sends a warning to potential hijackers that such actions will result in legal consequences including criminal prosecution. The exclusion of military aircraft, police force aircraft, and planes used for the administration or enforcement of customs and excise laws from the definition of civil aircraft is necessary for ensuring that the provision does not interfere with law enforcement or military operations. For example, it would be inappropriate to prosecute military personnel who occupy a military aircraft in the course of their duties, which is why military aircraft are expressly excluded from the definition of civil aircraft. Similarly, police forces may have to use aircraft to enforce the law and protect the public. If such police aircraft were included in the definition of civil aircraft, it would create unnecessary legal hurdles for police who use air travel to respond to emergencies or combat crime. The same is true for persons engaged in customs or excise law enforcement-the exclusion of these aircraft from the definition of civil aircraft ensures that the provision does not impede the administration of these laws. In summary, Section 78(2) of the Criminal Code of Canada is an essential provision that defines the term "civil aircraft" for the purpose of Section 78. The provision ensures that anyone who hijacks or takes control of a civil aircraft without lawful authority is guilty of an indictable offence. The exclusion of military aircraft, police force aircraft, and aircraft used for customs and excise law enforcement is necessary for maintaining public safety and national security while allowing for effective law enforcement and military operations.

STRATEGY

Section 78(2) of the Criminal Code of Canada provides a definition of 'civil aircraft' for the purposes of section 78 of the Code. Section 78 deals with offences related to endangering safety at airports, and the definition is relevant in the context of these offences. There are several strategic considerations that are important when dealing with this section of the Criminal Code. The first strategic consideration is the need to ensure that any activities involving civil aircraft are conducted in a safe and responsible manner. This is important not only to avoid the risk of criminal liability under section 78, but also to prevent accidents or other incidents that could have serious consequences. For example, it is important to ensure that all personnel involved in the operation of civil aircraft have the appropriate training and qualifications, and that all equipment and facilities are properly maintained and inspected. Another strategic consideration is the need to comply with all relevant regulations and guidelines governing the operation of civil aircraft. This includes regulations and guidelines issued by Transport Canada, as well as any applicable international standards. Compliance with these regulations and guidelines can help to mitigate the risk of legal liability, as well as improve safety and efficiency in the operation of civil aircraft. A third strategic consideration is the need to maintain effective communication and collaboration with relevant authorities and stakeholders. This includes local airport authorities, air traffic controllers, and other organizations involved in the operation of civil aircraft. Effective communication can help to prevent misunderstandings or miscommunications that could lead to safety hazards or other incidents. It can also help to build trust and rapport with stakeholders, which can be important in the event of a crisis or emergency situation. In terms of strategies that could be employed, there are several that may be effective in ensuring compliance with section 78 of the Criminal Code. One strategy is to implement a comprehensive safety management system (SMS) for civil aircraft operations. An SMS is a systematic approach to managing safety that involves identifying hazards, assessing risks, and implementing measures to mitigate those risks. An SMS can help to ensure that all operations are conducted in a safe and responsible manner, and can help to demonstrate compliance with section 78 of the Criminal Code. Another strategy is to implement a robust training and qualification program for all personnel involved in civil aircraft operations. This includes pilots, ground crew, and other personnel. Training and qualification should be based on recognized standards and guidelines, and should be regularly updated to reflect changes in regulations or best practices. A third strategy is to maintain effective communication and collaboration with relevant stakeholders. This includes regular communication with local airport authorities, air traffic controllers, and other organizations involved in the operation of civil aircraft. It may also involve regular communication with regulatory authorities and other government agencies. In conclusion, section 78 of the Criminal Code of Canada is an important provision that relates to the safe operation of civil aircraft. Effective compliance with this provision requires a range of strategic considerations and tactics, including the implementation of effective safety management systems, training and qualification programs, and effective communication and collaboration with stakeholders. By employing these strategies, organizations that operate civil aircraft can help to ensure compliance with section 78, and can help to prevent accidents or incidents that could have serious consequences.