INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada outlines offences related to explosive substances, including causing harm or damage with intent.
SECTION WORDING
81. (1) Every one commits an offence who (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property; (b) with intent to do bodily harm to any person (i) causes an explosive substance to explode, (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing; (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby (i) to endanger life or to cause serious damage to property, or (ii) to enable another person to endanger life or to cause serious damage to property.
EXPLANATION
Section 81(1) of the Criminal Code of Canada outlines several offences related to explosive substances. It is a criminal offence to intentionally cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or property damage. This includes any action taken with the intent to cause such an explosion. Additionally, it is a criminal offence to cause an explosive substance to explode or to send or deliver an explosive or dangerous substance to another person with the intent to do bodily harm. The same applies to placing or throwing a corrosive fluid, explosive substance, or other dangerous substance on a person or anywhere without lawful excuse. Possession of explosive substances with intent to endanger life or cause serious damage to property is also considered a criminal offence under this section. This includes having an explosive substance under one's care or control with the intent to enable another person to endanger life or cause serious damage to property. Section 81(1) is designed to protect individuals and property from the harmful effects of explosive substances. It criminalizes any action taken with the intent to cause harm or damage using such substances and serves as a deterrent for any individual who may consider such actions.
COMMENTARY
Section 81(1) of the Canadian Criminal Code serves to criminalize actions related to explosives and other dangerous substances. It outlines the different scenarios in which someone may be found guilty of a criminal offence relating to the use, possession, or control of explosive substances. The first scenario outlined in subsection (a) pertains to a person who intends to cause an explosion of an explosive substance that can result in serious harm or death to individuals or significant destruction of property. For example, a person who tries to set off a bomb in a crowded public place or a government building can be charged with a criminal offence under this section. This clause demonstrates Canada's commitment to protecting its citizens and its infrastructure from acts of terrorism and violence. The second scenario outlined in subsection (b) focuses on the intent to do bodily harm to an individual using an explosive substance or any other dangerous substance or thing. This clause can apply in situations where an individual intentionally causes an explosion or delivers an explosive substance to hurt someone. Again, this clause illustrates Canada's commitment to ensuring the safety of its citizens and their property. Subsection (c) pertains to an individual who, without any lawful excuse, places or throws an explosive substance anywhere with the intent to destroy or damage property. For example, a person who places a homemade explosive device on a car in a parking lot may be charged under this clause if they intended to cause damage to the owner's property. Apart from protecting property, this clause also serves to safeguard individuals who may be harmed by such actions, such as those passing by the area when the explosion occurs. Lastly, subsection (d) addresses the possession or control of an explosive substance with the intent to endanger life or cause serious damage to property, or to enable someone else to do so. This clause provides the legal foundation for authorities to charge persons who possess explosive substances illegally or use them for criminal activities. Section 81(1) of the Canadian Criminal Code represents a vital tool in the fight against violent acts and terrorism in Canada. It hammers home the message that those who put the lives of innocent people at risk or destroy property will face legal consequences for their actions. The section serves as a deterrent for would-be offenders and as a reassurance for Canadians that their safety and security matter to the justice system. Moreover, the section outlines the various circumstances that surround the use of explosive substances, making it clear that the justice system will pursue any individual who participates in such illegal actions regardless of the situation. In the end, the section plays an essential role in encouraging individuals to act within the confines of the law and promotes a safe and secure society for all Canadians.
STRATEGY
In dealing with section 81(1) of the Criminal Code of Canada, it is important to have a clear understanding of the elements that constitute this offence. This section criminalizes a range of activities that involve the intentional use of explosive substances or other dangerous substances or things, with the aim of causing serious harm to persons or property. One key strategic consideration when dealing with this section is the need to establish intent. The Crown must prove beyond a reasonable doubt that the accused had the specific intention to cause harm or damage through the use of explosive or dangerous substances. This can be a challenging task, particularly if the evidence is circumstantial or there are no eyewitnesses to the offence. As such, it is important for prosecutors to carefully analyze the available evidence and build a strong case based on the available facts. Another key strategic consideration is the severity of the potential harm or damage that could result from an explosion or other dangerous activity. In cases where the offence is likely to cause serious bodily harm or death to persons, prosecutors may seek harsher penalties or more punitive measures. Similarly, cases involving the destruction or damage of critical infrastructure or public property may be treated with greater severity than those involving private property. In order to successfully prosecute cases under section 81(1), prosecutors may employ a range of strategies that are tailored to the specific circumstances of each case. These could include the use of expert witnesses to provide testimony on the nature and effects of explosive substances, forensic evidence analysis to establish the presence of explosive or dangerous substances, and the use of surveillance or other investigative techniques to uncover evidence of intent or prior planning. In addition, prosecutors may also seek to employ alternative measures or restorative justice approaches in cases where the accused has expressed remorse or is willing to make amends for their actions. This could involve the use of diversion programs or community service orders, which aim to provide the accused with opportunities to learn from their actions and make positive contributions to society. Overall, dealing with section 81(1) of the Criminal Code of Canada requires a careful and strategic approach that takes into account the unique circumstances of each case. By employing a range of strategies that are tailored to the specific facts and evidence, prosecutors can help ensure that justice is served and that the safety and security of individuals and communities are protected.
CATEGORIES