Understanding Canadian knife law




DISCLAIMER: I’m not a lawyer and this isn’t legal advice. The information is provided for entertainment purposes only. In this video I explain what you need to …

22 thoughts on “Understanding Canadian knife law

  1. Karl Roberts says:

    Wow! As a former police officer in Ontario, I'd say that your explanation is very good. It all comes down to ''WEAPON' or 'TOOL' ?
    If it is brandished, used to threaten, or used as a weapon, you'll lose it and probably be charged, especially in the commission of a further offence. If it used or purported to be a tool, such as for hunting, or whittling sticks (like cousin Rufus), you should be fine….concealed, or not.
    I've often carried a big macheté while clearing brush in a duck hunting blind. This is acceptable. Whereas, if I was yelling at someone and waving a tiny pocket knife it will be construed as a weapon. Size as not important as the intent.
    As for concealed or 'open carry'….use common sense. All knives that fall under the 'Prohibited' list are illegal, regardless of intent or purpose.

  2. bdpf says:

    Well for those interested, if you thought that knife laws in Canada were bad, well they just got worst!

    I just came of the phone with a CBSA officer regarding another of my knives that got seized (the 4th or 5th in 5 months!).
    This one was the Twosun TS40 that I bought on Ebay for about $40.
    If you look it up, you’ll see that it’s a regular titanium flipper, nothing special about it.
    I thought that for sure this one would not be seized since it cannot be open by centrifugal force (I have a friend that has one and I checked). Now, the knife runs on ball bearings and is extremely smooth.

    So when I inquired to why the knife had been seized, I was told that it falls under the classification of automatic knives since pressing the flipper tab leads to the blade open all the way into the locking position.
    I mentioned to him 2 points that were mentioned in the Memorandum D19-13-2 which is the laws for importing weapons which I am sure you are aware if you are watching this video.
    1) Section 21-a states the following: An automatic knife that houses a blade that will open automatically by hand pressure applied to a lever or button in or attached to the handle (but not on the blade) of the knife.
    I mentioned that the flipper tab is attached to the blade and not the handle and therefore it is not an automatic knife
    2) I questioned about torsion assisted flippers that are perfectly legal (as stated in section 22) and the blade deploys into the locking position when the flipper tab is exercised

    To my surprise, I got informed that the Memorandum had just been revised as of yesterday (November 3rd 2016) to specifically address these 2 issues.

    Here’s the new revised paragraph on automatic knives (now section 18 a):
    (a) Automatic knife – An automatic knife is one that houses a blade that will open automatically by applying hand pressure to a button, spring, lever, or other device, in or attached to the handle of the knife, including knives that have a button, spring, lever, or other device, located in the spine of the handle and attached to the inner part of the blade.
    Note: Knives that have a ‘thumb stud’ attached to the blade of the knife, that is independent of the handle (not protruding from the handle in the closed or folded position), and that open automatically by applying pressure to the thumb stud, do not generally meet the above definition of a prohibited weapon, and as such do not generally fall under TI 9898.00.00. However, if such a knife is found to also open by gravity or by the application of centrifugal force alone, it may still be considered to be prohibited. The misuse of knives may nonetheless be punishable under other laws.

    So now it specifically targets regular flippers as well.
    Also, the exemption for torsion assisted knives has been removed so they will fall under this category as well.
    Here’s a link to the updated Memorandum
    http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-13-2-eng.pdf

    So now, basically 95% of flippers (at least the good ones that can flip) will be illegal to import into Canada.
    – If the detente is too weak, they will fall under the centrifugal law and be seized
    – If the détente is good and strong so the knife can actually flip, they will fall under the automatic law and will be seized.

    This is pretty ridiculous and sad for Canadian knife collectors.
    You would think that there would be better uses for our taxes money or better ways to fight REAL crime than doing this.
    This will not change the crime rate by any mean, the only thing it will do is penalize knife enthusiasts in Canada.
    Also with existing stupid knife laws in many countries for decades, you would think that over time, things would get better, not worst! We’re stepping backwards instead of stepping forward.

  3. OsamaBinLooney says:

    carrying a knife for self defense seems like a REALLLLLY grey area
    like i just bought one for exactly that reason just to keep in my car, but if i get found with it, i can just claim i bought it for a hunting trip i was planning to go on, and suddenly it's legal now?
    justto clarify, i keep it under a seat in my car, i dont plan on having it out in public ever

  4. Wolf Heart says:

    In my neighbourhood i often come across a black bear at night that crosses the street where I live. He has never been aggressive however I would feel much more comfortable with a knife on me during these encounters… would this be considered for self defense and be punishable? Is there some sort of concession police would give folks who live in extremely rural areas of Canada? And how could I explain that? Thanks.

  5. Fon Hollohan says:

    I think you did a very good job explaining basic ethic's to knife carry  in Canada in general but if you know the law and you appear to be knowledgeable about it. You can confidently establish your right to carry and possess a knife in Canada. 

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