Substances in Criminal Law

Explosives in Industry

• Introduction: Discussion about explosives and industries that utilize them.

  • Key Industries:

  • Mining: A significant industry that employs explosives for extraction purposes.

  • Demolition: Often requires the use of explosives for dismantling structures.

• Regulations Around Explosives: Explosives are subject to rigorous regulatory frameworks regarding their use and storage.

Legal Duty of Care

• General Duty Clause:

  • Definition: Legal duty to use reasonable care in activities involving explosives.

  • Expectations: This clause does not specify exact actions, creating some ambiguity.

  • Negligence Concept: The crux of the legal expectation is to avoid negligence.

Criminal Charges Related to Explosives

• Criminal Code of Canada: Explaining whether offenses related to explosives are criminal.

  • Conviction Process:

  • Before Bill C45, it was challenging to convict corporate executives due to required proof thresholds (beyond a reasonable doubt).

  • Difficulty in proving negligence, especially for higher-level individuals such as supervisors and CEOs.

• Breach of Duty:

  • If a breach occurs, it is classified as an indictable offense.

  • Types of offenses:

  • Indictable: Serious offenses leading to substantial penalties.

  • Summary: Less severe offenses subject to lighter penalties.

  • Penalties:

  • Causing death or serious bodily harm while using explosives could lead to life imprisonment.

  • Maximum imprisonment for bodily harm without intent is fourteen years.

Intent and Recklessness in Explosives

• Mens Rea (Intent):

  • Discussing the difference between negligence and the intentional infliction of harm.

  • The offenses detail clear intent to harm using explosives or dangerous substances.

  • Mention of dangerous practices, such as sending explosives by mail (e.g., anthrax).

Criminalization of Improper Controlled Substances

• Possession of Explosives:

  • Legal consequences for possessing explosives without lawful reason.

  • Changes in penalties for possession reflecting tighter regulations.

• Discussion on Homemade Explosives:

  • The dangers and legal implications of manufacturing explosives independently.

Firearm Regulations in Canada

• Licencing Law:

  • Legal acquisition and possession of firearms necessitate background checks and licensing.

  • Purpose of ownership:

  • Hunting and sports shooting as lawful reasons to possess firearms.

• Assault with Firearms:

  • Any misuse of firearms, including simply pointing a gun, classified as a criminal offense.

  • Penalties: Estimated maximum of five years imprisonment for pointing a firearm, with potential for shorter terms on summary conviction.

Offenses Related to Public Safety and Law Enforcement

• Obstruction of Officers:

  • Any obstruction or refusal to assist peace officers during lawful executions of their duty is a criminal offense.

• Legal Consequences for Misleading Justice:

  • Lying under oath constitutes an indictable offense called perjury, punishable by a maximum of fourteen years imprisonment.

• Fabrication of Evidence:

  • Willfully fabricating evidence or providing contradictory statements can lead to similar charges of perjury or obstruction of justice.

Public Mischief and Other Related Crimes

• Laws Against False Accusations:

  • Falsely submitting declarations leading to police investigations is classified as public mischief.

• Common Nuisance Laws:

  • Definition: Any actions that imperil public safety may result in criminal charges. Failure to address public health concerns leading to bodily harm can be prosecuted.

Criminal Negligence and Duty to Care

• Definition of Criminal Negligence: A serious breach of the duty of care that threatens life or safety.

• Legal Standards for Conviction:

  • Requires proving wanton or reckless disregard for the safety of persons.

  • Careless acts leading to death or bodily harm can lead to indictable offenses, subject to life imprisonment for causing death.

Bill C45 and Its Impact on Industrial Criminal Law

• Overview of Bill C45:

  • Established rules for prosecuting corporate criminal negligence more effectively.

  • Eases the burden of proving individual culpability in complex corporate structures.

• Westray Mine Disaster Case:

  • Key drivers for the introduction of Bill C45, established after a mining explosion that resulted in multiple fatalities.

  • Emphasizes accountability at various organizational levels, not just at the top.

Duty to Care for Safety in the Workplace

• Legal Obligations:

  • Individuals directing work have a legal duty to ensure safety and compliance with regulations.

• Internal Responsibility System (IRS):

  • Promotes the idea that safety is the responsibility of all workers at all levels, not just management.

Summary of Noxious Substances and Public Safety

• Definition of Noxious Substances:

  • Administration of harmful substances may lead to criminal charges if intent to harm can be established.

• Regulations Concerning Traps:

  • Individuals cannot set traps with malicious intent, which is criminalized under the law.

• Duty to Warn Public:

  • Legal requirement to safeguard the public from hazards such as open ice or excavations.

Threats and Assault Laws

• Nuanced Definitions of Assault:

  • Defines actions that constitute assault, including physical contact or threats.

  • Consent obtained under coercive circumstances leading to sexual assault.

• Legal Consequences for Assault:

  • Assault results in varying degrees of offense, dictated by the severity of the act or outcome.

• Criminal Breach of Trust:

  • Defined as the misappropriation of assets held in trust.

Conclusion

• Understanding Criminal Law Application:

  • Awareness of these laws is crucial in various professional contexts, particularly those involving public safety and regulatory compliance.

• Encouragement for Continued Learning:

  • Engage with these topics in practical settings to solidify understanding and comply with legal obligations.