Seizing Control of a Ship or Fixed Platform
It is a crime in Canada if you seize control over a ship or fixed platform by force or threat of force.
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Plain-Language Summary
Seizing Control of a Ship or Fixed Platform is a crime under Section 78.1 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada. This crime involves the unauthorized taking or exercise of control over a ship or fixed platform by force or threat of force. Related charges also make it a crime to endanger the safety of a ship or fixed platform or to falsely communicate information that may endanger the safe navigation of a ship. The maximum penalty for these charges is life imprisonment. All three charges are treated as indictable offences.
What is Seizing Control of a Ship or Fixed Platform?
The charge of seizing control of a shipVessel not permanently attached to the seabed or fixed platformAn artificial island or marine structure attached to the seabed. can be found under Offences Against Air or Maritime Safety in the Criminal Code. According to s.78.1 (1) of the Code, it is a crime if you seize or exercise control over a ship or fixed platform by force or threat of force. A related charge is s.78.1 (2) of the Code that makes it a crime for you to endanger the safety of a ship or fixed platform.
You can be charged under the second section if you:
- commit an act of violence against someone on a ship or fixed platform;
- destroy or cause damage to a ship or its cargo or to a fixed platform;
- destroy or cause serious damage, or interferes with the operation of any maritime navigational facility; or
- place or cause to be placed on board a ship or fixed platform anything that will damage it.
Another related charge is s.78.1 (3) of the Code, which makes it a crime to falsely communicate information that may endanger the safe navigation of a ship.
What is Needed to Convict
The Crown needs to prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you were involved in seizing control of a ship or fixed platform and that you had the criminal intention for doing so. It does not matter if the ship was in Canadian territory at the time, as international conventions have deemed that the laws of the country the ship is registered in apply in whatever waters a ship is in at the time.
Seizing Control of a Ship is an Indictable Offence
The three charges of seizing control of a ship or fixed platform, endangering the safety of a ship or platform and falsely communicating information that may endanger the safe navigation of a ship are all treated as indictable offenceA more serious type of Canadian criminal offence.s. You face imprisonment if convicted and could carry a maximum penalty of life in prison.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section
Seizure or control of a ship/platform (s.78.1(1))
That the accused seized or exercised control over a ship or a fixed platform.
By force, threat, or intimidation
That the seizure or control was accomplished by force or threat of force, or by any other form of intimidation.
Prohibited act against a ship, platform, person aboard, or navigational facility (s.78.1(2))
That the accused committed an act of violence against a person on board a ship or fixed platform; destroyed or damaged a ship, its cargo, or a fixed platform; destroyed, seriously damaged, or interfered with a maritime navigational facility; or placed (or caused to be placed) something on board likely to cause such damage.
Likely to endanger safe navigation or platform safety
That the act was likely to endanger the safe navigation of a ship or the safety of a fixed platform.
False communication endangering navigation (s.78.1(3))
That the accused communicated information endangering the safe navigation of a ship, knowing the information to be false.
Threat to compel action (s.78.1(4))
That the accused threatened to commit one of the acts described in s.78.1(2)(a), (b), or (c), intending to compel a person to do or refrain from doing something, where the threat was likely to endanger safe navigation or platform safety.
Fault element
That the accused acted with the intent/knowledge required for the particular paragraph charged (e.g., knowledge of falsity under (3); intent to compel under (4)); mistake or lack of requisite knowledge/intent is a live issue for the Crown to negate beyond a reasonable doubt.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Seizing or exercising control of a ship or fixed platform by force, threats, or any other form of intimidation — s. 78.1(1)
IndictableNo mandatory minimum applies.
Endangering the safe navigation of a ship or the safety of a fixed platform — s. 78.1(2)
IndictableNo mandatory minimum applies.
Communicating false information that endangers the safe navigation of a ship — s. 78.1(3)
IndictableNo mandatory minimum applies.
Threats causing death or injury in connection with ss. 78.1(1)–(3) conduct — s. 78.1(4)
IndictableNo mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Seizing Control of a Ship or Fixed Platform — s.78.1
Section 78.1 does not list a special defence in the Criminal Code. The Crown still has to prove the parts of the offence. Depending on the charge, this may mean proving that the person seized or exercised control over a ship or fixed platform by force, threat of force, or another form of intimidation, committed an act — such as violence, damage, or interference with a navigation facility — that was likely to endanger safe navigation, or knowingly communicated false information that endangered safe navigation.
Possible issues may still depend on the facts, the evidence, and whether the Crown can prove each part of the offence. This is general legal information, not legal advice.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Beyond a reasonable doubt Glossary entry →
- The high standard the Crown must meet to prove guilt.
- Fixed platform Glossary entry →
- An artificial island or marine structure attached to the seabed.
- Indictable offence Glossary entry →
- A more serious type of Canadian criminal offence.
- Ship Glossary entry →
- Vessel not permanently attached to the seabed
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 78.1 Seizing control of ship or fixed platformSource current to: 2026-05-26View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.