Thursday, February 16, 2017

ask a lawyer canada free

ask a lawyer canada free

hi everyone! i thought i would create a short presentation to clarify some common misconceptions regarding canadian knife law. i’ll start with a disclaimer. i’m not a lawyer but i have researched the topic extensively as i’m both a knife collector and someone who doesn’t want to break any laws. this is not legal advice, nevertheless. just my thoughts and findings.

generally speaking, knives are legal in canada. you can import, buy, sell, and trade them, carry them on you in public, and use them. there are however certain types of knives that are illegal to posses, because they are classified as prohibited weapons. these include automatics, like switchblades, centrifugal knives such as butterfly or flick knives, gravity knives, belt-buckle knives,

push daggers, finger rings with built-in blades, and devices shorter than 30cm which conceal a blade within. for example, a knife-comb would be illegal while a sword cane would be legal because its length typically exceeds one foot. it’s worth noting that knives that don’t belong to the previous illegal categories can still be illegal if, due to mechanical malfunction or wear and tear,

they happen to function like a prohibited weapon. for example, a knife that can be flipped open with a flick of your wrist, without touching the blade, is technically illegal; it falls in the centrifugal category. this is why reputable knife retailers in canada will often sell you knives with a fairly tighten pivot and will not ship knives with a non-adjustable, weak detent. an automatic knife is by the lawmakers definition one

that is activated by pressing a button on the handle. this means that flippers and even spring assisted knives are legal. you are actually opening the knife by pushing the blade before the ball bearing system or spring kick in to aid with the deployment. unlike the uk and several other countries and states, in canada there are no length restrictions on knives, whether they are folding knives or fixed blades,

locking knives or slip joints. even though knives are legal to carry, there are places where you shouldn’t bring a knife. places like schools, government buildings, bars, and sport events in stadiums to name the most common. of course, your own workplace might have rules against knives, so be sure to check their rules. a key aspect to consider when it comes to

canadian knife law is the concept of intention. knives are legal when they are used as tools and not as weapons. in canada you cannot carry a knife for the purpose of self-defense. that makes it automatically a weapon in the eye of the law. if you carry your knife for its utility, such as for opening boxes, packaging, mail, cutting fruit on the go,

as an emergency seat belt cutter, fishing, or hunting, you name it, the law has no problem with you carrying a knife. if your purpose is self-defense, you’re now carrying a weapon and that’s illegal. a concealed knife is a knife that is carried in a hidden way. an unconcealed knife is a knife that a reasonable person would be able to detect by simply looking at you. if you have your knife in your pocket, but the clip is

showing on the outside of the pocket you are good. likewise, a visible sheath on your belt would be good as well. in both cases you can legally argue that you are not carrying a concealed knife. while it’s technically legal to carry your knife concealed, it is in general safer to carry it unconcealed the reason for this is that carrying a concealed weapon is a serious felony with a max sentence of up to 5 years in prison. carrying an unconcealed knife will certainly draw a little more

attention to you, but should a law enforcement officer decide that they don’t buy your use of it as a tool, carrying it unconcealed can make the difference between, say, your knife being confiscated and you going to jail. by the same token, check your by-laws. in calgary for example, there is a bylaw that prohibits open carry of knives. the outcome of a violation is only a fine, since it’s just a bylaw, but it’s still probably wiser to hide your knife in your pocket

if you live in calgary or if you are visiting. keep in mind that the real intention behind this bylaw is to prevent people from running around town with scary looking fixed blades attached to their belts, and not so much small folding knives. nevertheless, i’d respect municipality bylaws just in case. the law is pretty lax and leaves a lot to interpretation in canada. so common sense should apply. don’t flash your knife around for the sake of flashing it around,

or people might interpret it as you threatening them. also, it’s true that you can have a knife with a very long blade. you can in fact even carry a sword downtown vancouver or toronto if you like. but let’s be realistic here. it’s hard to justify carrying a machete or a large 6” folding knife for the purposes of cutting apples, and the case could be made that you intend to use it for protection purposes. the length itself is technically not illegal, but i can see a cop inconveniencing you for it.

it’s also worth considering context. are you going fishing, hunting, or camping? pretty much anything goes. are you walking the downtown area of a city like vancouver with a large fixed blade knife? unless you are a sikh wearing a kirpan, expect people to call the police on you. just because it’s legal, it doesn’t mean that it’s worth the hassle, unless you have ideological reasons much like open carriers

of firearms in the states. keep also in mind that cops are humans, and their judgment varies. they are also not lawyers. some are well versed when it comes to the law, a few aren’t. so don’t be surprised to see a cop taking issue with your knife because the blade is longer than four inches, for example. there are some myths and misconceptions even among law enforcement.

if you are confronted, be polite. you’ll generally be able to get a confiscated knife back from the police station afterwards if you didn’t break any laws. i hope this helped clarify things for you and that you enjoy using one of humankind’s most trusty tools in this beautiful country. if you have any questions, feel free to ask them below. thank you!

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