Use or Possession of Explosives (Sentencing Cases): Difference between revisions

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This page was last substantively updated or reviewed November 2023. (Rev. # 90505)

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Offence Wording

Duty of care re explosive

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.
R.S., c. C-34, s. 77.

– CCC (CanLII), (DOJ)

Note up: 79

Defined terms: "explosive substance" (s. 2)

Breach of duty

80. Every one who, being under a legal duty within the meaning of section 79 [duty of care re explosives], fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

(a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

(b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 78.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 80

Defined terms: "bodily harm" (s. 2), "explosive substance" (s. 2), and "person" (s. 2)

Using explosives

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.

Punishment

(2) Every one who commits an offence under subsection (1) [using explosives] is guilty of an indictable offence and liable

(a) for an offence under paragraph (1)(a) [causes explosion with intent to cause damage, harm or death] or (b) [uses explosives or dangerous substance with intent to harm], to imprisonment for life; or

(b) for an offence under paragraph (1)(c) [places or throws explosive with intent to damage] or (d) [make or possess explsive with intent to endanger life, damage property], to imprisonment for a term not exceeding fourteen years.

R.S., c. C-34, s. 79.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 81 (1) and (2)

Defined terms: "bodily harm" (s. 2), "person" (s. 2), and "property" (s. 2)

Possession of explosive

82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

Possession in association with criminal organization

(2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
R.S., 1985, c. C-46, s. 82; R.S., 1985, c. 27 (1st Supp.), s. 12; 1997, c. 23, s. 2; 2001, c. 32, s. 3(F); 2018, c. 29, s. 5; 2019, c. 25, s. 14.

– CCC (CanLII), (DOJ)

Note up: 82 (1) and (2)

Defined terms: "criminal organization" (s. 2 and 467.1(1)), "explosive substance" (s. 2), and "person" (s. 2)

Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Bryon, 2021 ABQB 884 (CanLII), per Friesen J	AB	SC	6.5 years imprisonment	Find summaries of case. Keywords: robbery
R v TWW, 1996 CanLII 8706 (NSCA), 440 APR 386, per Clarke JA	NS	CA	8 months imprisonment, 16 months probation (global)	The offender was a youth who plead guilty to making a home-made bomb, "possession of an explosive substance", and mischief. He had made a bomb which he put under the car of one of his teachers. It exploded, causing around $1,500 worth of damage. He had also called the teacher and used profane language at her. The youth had a lengthy criminal record. He was 15 years old. Find summaries of case. Keywords: None

@@ Line 3: / Line 3: @@
 {{HeaderSentCases}}
 {{OffencesBoxMini|Use or Possession of Explosives}}
+==Offence Wording==
+{{quotation3|
+; Duty of care re explosive
+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.
+<Br>
+R.S., c. C-34, s. 77.
+|{{CCCSec2|79}}
+|{{NoteUp|79}}
+|{{terms-
+|"explosive substance" (s. 2)
+}}
+}}
+{{quotation3|
+; Breach of duty
+. Every one who, being under a legal duty within the meaning of section 79 {{AnnSec0|79}}, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that
+:(a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or
+:(b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.
+R.S., c. C-34, s. 78.
+{{Annotation}}
+|{{CCCSec2|80}}
+|{{NoteUp|80}}
+|{{terms-
+|"bodily harm" (s. 2)
+|"explosive substance" (s. 2)
+|"person" (s. 2)
+}}
+}}
+{{quotation3|
+; Using explosives
+(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.
+; Punishment
+(2) Every one who commits an offence under subsection (1) {{AnnSec0|81(1)}} is guilty of an indictable offence and liable
+:(a) for an offence under paragraph (1)(a) {{AnnSec0|81(1)(a)}} or (b) {{AnnSec0|81(1)(b)}}, to imprisonment for life; or
+:(b) for an offence under paragraph (1)(c) {{AnnSec0|81(1)(c)}} or (d) {{AnnSec0|81(1)(d)}}, to imprisonment for a term not exceeding fourteen years.
+R.S., c. C-34, s. 79.
+{{Annotation}}
+|{{CCCSec2|81}}
+|{{NoteUp|81|1|2}}
+|{{terms-
+|"bodily harm" (s. 2)
+|"person" (s. 2)
+|"property" (s. 2)
+}}
+}}
+{{quotation3|
+; Possession of explosive
+(1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of
+:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
+:(b) an offence punishable on summary conviction.
+; Possession in association with criminal organization
+(2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
+R.S., {{LegHistory80s|1985, c. C-46}}, s. 82;
+R.S., 1985, c. 27 (1st Supp.), s. 12;
+{{LegHistory90s|1997, c. 23}}, s. 2;
+{{LegHistory00s|2001, c. 32}}, s. 3(F);
+{{LegHistory10s|2018, c. 29}}, s. 5;
+{{LegHistory10s|2019, c. 25}}, s. 14.
+|{{CCCSec2|82}}
+|{{NoteUp|82|1|2}}
+|{{terms-
+|"criminal organization" (s. 2 and 467.1(1))
+|"explosive substance" (s. 2)
+|"person" (s. 2)
+}}
+}}
 ==Case Digests==
 {{SCaseHeaderLong}}
-{{SCaseLong|{{CanLIIR-S|Bryon|jk7x9|2021 ABQB 884 (CanLII)}}{{perABQB|Friesen J}} |{{AB}} |SC| {{JailY|6.5}} | {{findSummaries|}} {{keywords|robbery}} }}
+{{SCaseLong|{{CanLIIR-S|Bryon|jk7x9|2021 ABQB 884 (CanLII)}}{{perABQB|Friesen J}} |{{AB}} |SC| {{JailY|6.5}} | {{findSummaries|jk7x9}} {{keywords|robbery}} }}
-{{SCaseLong|{{CanLIIRPS|TWW|1zrpl|1996 CanLII 8706 (NSCA)|440 APR 386}}{{perNSCA|Clarke JA}}| {{NS}} |CA| {{JailM|8}}, 16 months probation (global)| The offender was a youth who plead guilty to making a home-made bomb, "possession of an explosive substance", and [[Mischief (Sentencing Cases)|mischief]]. He had made a bomb which he put under the car of one of his teachers. It exploded, causing around $1,500 worth of damage. He had also called the teacher and used profane language at her. The youth had a lengthy criminal record. He was 15 years old. {{findSummaries|}} {{keywords|}} }}
+{{SCaseLong|{{CanLIIRPS|TWW|1zrpl|1996 CanLII 8706 (NSCA)|440 APR 386}}{{perNSCA|Clarke JA}}| {{NS}} |CA| {{JailM|8}}, 16 months probation (global)| The offender was a youth who plead guilty to making a home-made bomb, "possession of an explosive substance", and [[Mischief (Sentencing Cases)|mischief]]. He had made a bomb which he put under the car of one of his teachers. It exploded, causing around $1,500 worth of damage. He had also called the teacher and used profane language at her. The youth had a lengthy criminal record. He was 15 years old. {{findSummaries|1zrpl}} {{keywords|}} }}
 {{SCaseEnd}}