Criminal Code of Canada - section 79 - Duty of care re explosive

section 79

INTRODUCTION AND BRIEF DESCRIPTION

Individuals in possession or control of explosive substances have a legal duty to prevent harm or damage.

SECTION WORDING

79. Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

EXPLANATION

Section 79 of the Criminal Code of Canada imposes a legal duty on every individual who possesses or has control over an explosive substance. This section is intended to protect against physical harm or property damage that may occur as a result of the mishandling of these substances. The duty established by this section requires individuals to exercise reasonable care in order to prevent harm or damage caused by the explosive substance. The phrase explosive substance" includes any type of substance that is capable of causing a significant amount of damage when ignited or detonated. This can include common items such as fireworks and propane tanks, to more specialized substances used in mining or chemical manufacturing. The use of these substances, even in a controlled setting, poses a significant risk of harm to individuals and property. The legal duty established by section 79 is of particular importance to individuals who are engaged in activities that involve explosive substances. These individuals must exercise additional caution to ensure that they are following all relevant regulations and safety protocols to prevent harm or damage. In order to comply with the legal duty established in section 79, individuals must take reasonable steps to prevent harm or damage from the explosive substance. This may include properly storing and labeling the substance, ensuring that appropriate safety equipment is available, and implementing procedures to prevent accidental ignition or detonation. Failure to comply with the legal duty established by section 79 may result in criminal charges being brought against the individual. The severity of the charges will depend on the extent of the harm or damage caused by the substance, and the degree to which the individual failed to exercise reasonable care. Overall, section 79 of the Criminal Code of Canada is an important provision that helps to protect against the significant risks posed by explosive substances. By establishing a legal duty to exercise reasonable care, this section aims to prevent harm and damage, and to hold individuals accountable for their actions when dealing with these dangerous substances.

COMMENTARY

Section 79 of the Criminal Code of Canada addresses the legal duty of individuals who possess, care for, or control explosive substances. The section imposes an obligation on such individuals to exercise reasonable care in preventing bodily harm, death, or damage to property caused by the explosive substance. Therefore, individuals who do not comply with this legal duty may be criminally liable. Explosive substances are materials that have the potential to cause an explosion or produce a sudden release of energy. These substances are commonly used in mining, construction, and demolition. However, they can also be used in terrorism, and other illegal activities such as the manufacturing of illegal drugs. The possession and use of such substances require utmost care and precautions to prevent harm to individuals and damage to property. The legal duty imposed by section 79 is an essential component of preventing harm caused by explosive substances. It places the responsibility on the individual who has control or possession of the explosive substance to take reasonable steps to ensure that the material is safely stored, transported, and used. This legal obligation not only applies to those who manufacture or handle explosives but also to those who store them. In essence, it means that individuals must be aware of what they have in their possession and how to handle it safely. The legal duty imposed by section 79 is not limited to individuals who possess explosive substances for commercial purposes. It also applies to individuals who possess them for personal use. For instance, individuals who use fireworks during celebrations are bound by this legal obligation to ensure that they are used as directed and that they do not cause harm to people or property. The importance of this legal duty cannot be overstated. Explosive substances have the potential to cause serious injuries, deaths, and destruction of property. A single act of negligence can result in irreparable damage. For instance, a small explosion in a densely populated area can result in many deaths and injuries, as well as damage to properties. Legal duty under section 79 must be taken seriously by anyone who handles, stores or transports explosive substances. There are several methods that can be employed to prevent and reduce the risk of harm and damage. For instance, individuals can ensure that the storage and handling of explosive substances comply with the relevant codes and regulations. They can also ensure that those who handle the explosives are appropriately trained and competent. In conclusion, section 79 of the Criminal Code of Canada is a legal obligation that should not be taken lightly. It imposes a duty on individuals who possess, store, or handle explosive substances to use reasonable care in preventing harm or damage. This legal duty applies to both commercial and personal use of explosive substances. Compliance with section 79 is essential for protecting individuals and properties from the potential dangers of explosive substances. Therefore, it is crucial that individuals and organizations that deal with explosive materials are aware of the legal duty placed on them by section 79 and take the necessary safety precautions to prevent harm or damage.

STRATEGY

Section 79 of the Criminal Code of Canada is a critical provision that places a legal duty on individuals who have an explosive substance in their possession or care to take reasonable care to prevent harm or damage to individuals and property. This provision serves as a warning to individuals who deal with explosive substances to be cautious and employ appropriate security measures in handling such materials. In this regard, a few strategic considerations could come into play when dealing with this section of the Criminal Code of Canada. 1. Compliance with safety regulations and guidelines: Individuals who deal with explosive substances have to comply with safety regulations and guidelines stipulated by the law, the industry, or workplace procedures. Compliance with such rules and guidelines would help limit the potential for harm to individuals and property. 2. Adequate training: Adequate training is critical when dealing with explosive substances. Employees that handle and have control over such materials must be adequately trained on safety protocols, handling procedures, and emergency response measures. This would help mitigate the risk of harm to individuals and property. 3. Risk assessment: Individuals who handle explosive substances should conduct a risk assessment to identify possible hazards associated with such materials. Such an assessment would help them identify and implement the best security measures, which would be commensurate with the risk involved. 4. Security: Hazardous materials require strict security protocols to prevent unauthorized access and tampering. Measures such as security cameras, access control systems, and surveillance could help deter potential vicious acts and unauthorized access, which could avert any instance of harm or damage. 5. Emergency response: Individuals who have explosive substances must have a plan for emergency response. This would help limit the potential for harm or damage in such situations. The emergency response plan should outline procedures for evacuation, contacting relevant authorities, and measures for handling the explosive substance safely. 6. Proper storage: Explosive substances must be stored appropriately in a safe and secure location to prevent unauthorized access and tampering. The storage location should be far away from potential sources of ignition, and access should be restricted to authorized personnel only. In conclusion, dealing with Section 79 of the Criminal Code of Canada requires careful consideration and effective implementation of security measures that comply with safety regulations and guidelines, adequate training for employees, risk assessments, strict security protocols, emergency response plans, and proper storage of explosive substances. Employing these strategies would help mitigate the potential for harm or damage and ensure compliance with the law.