INTRODUCTION AND BRIEF DESCRIPTION
82. (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Section 82(1) of the Criminal Code of Canada deals with the offence of possessing an explosive substance without lawful excuse. An explosive substance is defined in the Criminal Code as any substance or mixture of substances that is designed, made or adapted for the purpose of producing an explosion or a pyrotechnic effect. This can include items such as dynamite, gunpowder, and fireworks. The section makes it illegal for any person to make or possess an explosive substance without a lawful excuse. It is important to note that the burden of proof lies on the accused to demonstrate that they had a lawful excuse for possessing the explosive substance. This means that the onus is on the individual to prove that they had a legitimate reason for having such a substance in their possession or control. The offence is classified as an indictable offence, which is a serious criminal offence that can result in a prison sentence of up to five years. By prohibiting the possession of explosive substances without lawful excuse, the Criminal Code seeks to control the use of such dangerous and potentially deadly materials. This is particularly important in a post-9/11 world, where the use of explosives has become a significant concern in terms of public safety and national security. Overall, section 82(1) serves as an important piece of legislation to help with the control and regulation of potentially dangerous substances. It sends a clear message that the use of explosives is a serious criminal offence, and comes with significant consequences for those who choose to ignore the law.
Section 82(1) of the Criminal Code of Canada is an extremely important clause in the Canadian legal system and is intended to ensure public safety by regulating the possession of explosive substances. The wording of the clause is broad, but given the potentially serious consequences of possessing explosive substances, it is necessary to have a wide interpretation. In summary, the clause makes it illegal for any person to make or possess any explosive substance without a lawful excuse, which must be proven beyond a reasonable doubt in court. An explosive substance, according to the Criminal Code, is defined as any substance that is in a condition to detonate or explode if (a) it is ignited by a detonator, or (b) it is subjected to extreme heat or shock, or if it is otherwise disturbed. This definition is intentionally broad, as it is meant to capture a wide variety of substances that could potentially be used for destructive purposes. Examples of explosive substances that might be regulated under this clause include gunpowder, nitroglycerin, dynamite, and certain types of chemical compounds. What is notable about this clause is that it does not require the accused to have any specific intent or motivation in either making or possessing the explosive substance. Therefore, what becomes significant in this clause is that the burden of proof lies on the accused party to demonstrate why they had a lawful excuse for possessing an explosive substance. This is significant because it shifts the onus onto the accused to prove their innocence. It is not sufficient for the accused to argue that they had no intention of using the substance in a destructive way, or that they were simply experimenting. Rather, they must demonstrate that they had a legitimate and lawful reason for possessing such a substance. Potential lawful excuses might include having the substance for the purposes of research, for use in a lawful industrial process, or for use in some other specific context where there is a legitimate need for it. However, it is up to the accused to demonstrate the legitimacy of their excuse, and failure to do so may result in a conviction with a maximum penalty of five years in prison. The seriousness of this clause lies in the fact that explosives can be incredibly dangerous when used improperly. In the wrong hands, they can cause significant harm and destruction, and as such it is important for law enforcement to keep a close eye on their production and use. The inclusion of this clause in the Criminal Code is meant to ensure that those who possess explosive substances are doing so for legitimate purposes only, and that they can be held accountable if they are not. In conclusion, Section 82(1) of the Criminal Code of Canada is a vital component of the legal system when it comes to matters of public safety. It regulates the possession of explosive substances and ensures that those who possess them do so for a legitimate and lawful purpose only. While the burden of proof lies on the accused to demonstrate their innocence, this is a necessary measure in order to ensure that explosives are not falling into the hands of those who might use them for harmful or destructive purposes.
Section 82(1) of the Criminal Code of Canada is a specific provision designed to criminalize certain conduct related to explosive substances. This section applies to any person who makes or possesses an explosive substance without lawful excuse and imposes significant penalties for the same. These penalties can include imprisonment for a period of up to five years, which underlines the severity of this offence. When dealing with Section 82(1), there are several strategic considerations to keep in mind. For example, the Crown must prove beyond a reasonable doubt that the accused had an explosive substance in their possession or under their control. This will require the Crown to present evidence that is both credible and reliable, which can be difficult in some cases. Given the potential severity of the penalties, it is important to carefully consider how to approach the case. The defense may choose to challenge the evidence presented by the Crown, which could include questioning the reliability of the methods used to detect explosive substances, or the context in which the substance was discovered. This may require the assistance of expert witnesses, which can add complexity and expense to the case. Alternatively, the defense may choose to argue that the accused had a lawful excuse for possessing or making an explosive substance. This may include situations where the accused had a legitimate reason for possessing the substance, such as for scientific or industrial purposes, or where they were acting under duress or coercion. Another strategic consideration is the potential impact of a conviction. A conviction for an offence under Section 82(1) can have significant consequences, including damage to the accused's reputation, loss of employment, and impact on future job prospects. As such, it is important to carefully weigh the potential risks and benefits of different defense strategies and consider the long-term implications of any convictions. In some cases, it may be possible to negotiate a plea bargain with the Crown, which could involve pleading guilty to a lesser charge or agreeing to a reduced sentence in exchange for cooperation or other considerations. This can be a complex process that requires careful negotiation and expertise. Overall, the key to successfully navigating Section 82(1) of the Criminal Code of Canada is to carefully consider all of the available legal options and identify the most effective strategy based on the specific circumstances of the case. This will require a deep understanding of the law and expertise in criminal defense, as well as careful attention to detail and thorough preparation. With the right strategy and approach, it is possible to achieve a positive outcome in even the most challenging cases.