[tag:canada]

Taking control of an aircraft from a pilot in command without their consent would normally be an offence under [s. 7.3(1)][1] of the *Aeronautics Act* and [s. 76][2] of the *Criminal Code*.

This would most likely fall under the [defence of necessity][3]. "[T]he situation must be so emergent and the peril must be so pressing that normal human instincts cry out for action and make a counsel of patience unreasonable." There must also be "no reasonable legal alternative" to avoid the imminent peril. See generally, *Perka v. The Queen*, [\[1984\] 2 S.C.R. 232][3].


  [1]: https://laws-lois.justice.gc.ca/eng/acts/a-2/page-7.html#h-8320
  [2]: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-76.html
  [3]: https://law.stackexchange.com/a/89684/46948