Canadian knife laws

[rugatika]

So what exactly are the laws regarding knives in Canada. I've been told that if you can open a knife with one hand it's illegal?? I can open just about any knife I have with one hand..

Something like the spyderco endura....I see spyderco's for sale all over Canada, but they have holes in the blade (for opening with one hand I would assume).

Any insight appreciated.

[JCP]

I believe the knife has to be assisted to be illegal. Ie: spring loaded. Not 100% though

[VanIsleGuy]

If you push a button affixed to the handle and it springs open it is illegal. Spring assisted knives are legal as long as you are pushing on the blade to open them. Butterfly knives are also illegal, even thought you will most likely hurt yourself playing with it at home.

The Criminal Code of Canada. Section 84(1) defines "a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device attached to or in the handle of the knife" as a prohibited weapon.[10][11] Only persons who have been granted exemption by the Royal Canadian Mounted Police through the Canadian Firearms Program are allowed to possess (but not acquire) prohibited weapons.

If a person is found in unauthorized possession of a prohibited knife by any law enforcement officer, the person is liable to a maximum of 5 years in jail and the weapon being seized. The crown can then apply to a provincial court judge for the weapon to be forfeited and destroyed. The import and export of prohibited weapons is also strictly regulated and enforced by the Canada Border Services Agency.[12]

Examples of prohibited knives include:[13]

automatic knives such as switchblades
centrifugal knives such as flick knives or butterfly knives;
gravity knives;
Constant Companion (belt-buckle knife)
finger rings with blades or other sharp objects projecting from the surface;
push daggers;
spiked wristbands;
One-handed opening knives have been designated as legal to import by Canada Border Services as long as they don't fall into one of the prohibited categories. Torsion bar knives and spring assisted knives are okay.[citation needed]

There is no length restriction on carrying knives within the Criminal Code of Canada; the only restriction is for concealed carry. Concealed carry includes backpacks and other off-body containers as well as under clothing. Folding knives under a certain length may not be considered concealed carries.[citation needed]

[Wild&Free]

I think only butterfly and push button spring loaded open blades are illegal.

heard something about a blade size restrictions for carrying in public as well. 3- 4.5" maybe. never checked since big blades are always out in the bush for me. pocket knife or multi tool rest of the time.

will do some digging later for ya.

[wolfman403]

Spring assist is fine as long as the actuator is attached to or part of the blade. It cant be a mechanical switch attached to handle or a release built into the handle.

[WCTHEMI]

Right from the government website.
The following weapons are prohibited from entering Canada:

automatic knives such as switchblades;
centrifugal knives such as flick knives or butterfly knives;
gravity knives;
mace or pepper spray designed for use on humans;
nunchaku sticks;
shuriken (throwing stars);
manrikigusari or kusari (fighting chains);
finger rings with blades or other sharp objects projecting from the surface;
Taser and stun guns shorter than 480 mm;
crossbows designed for one-handed use;
crossbows 500 mm or shorter;
Constant Companion (belt-buckle knife);
push daggers;
devices shorter than 30 cm concealing a knife blade (e.g. knife-comb);
spiked wristbands;
blowguns;
Kiyoga or Steel Cobra batons (spring batons);
spring-loaded rigid batons (triggered by a button or lever);
morning stars; and
brass knuckles.
Link to the webpage:
http://www.cbsa-asfc.gc.ca/publicati...f5044-eng.html

[DiabeticKripple]

Butterfly knives and switch blades are banned. Spring assisted aren't.

You can walk into any store and buy a spring assisted knife

[rugatika]

Thanks guys.

[Grey Owl]

To my knowledge it is legal to own assisted openers, but not automatic knives. The action of opening must be initiated through the application of force, not merely the release of spring.

In other words, you must start the action, and the assist can finish the job. But the old push the button switchblade is out. This is information is based on what is legal to sell in Canada. Individual municipalities are free to place restrictions on what can be carried within their jurisdiction. Just think back to the Edmonton 'ban-knives' talk that occurred most recently in 2011, from my faulty memory anyway.

[wildwoods]

I have the Kershaw spring assisted blade. I think they're pushing the limit as far as possible but still legal. Love the knife.

[canadiantdi]

I love my spring assisted knife.. One handed operation is great!

[wasteland.soldier]

I haven't looked into this in years and what I say could prove false.

My understanding matches what others have said, with the caveat that intention is relevant. If you carry to protect yourself from humans, it's a prohibited weapon. If you carry it because you never know when you'll need to open a box or something, then it's legal.

I also understood that you were supposed to keep a knife visible when in public, which is why you see people carrying them with the clip sticking out of their pocket, or on a belt.

Again, I could be wrong.

[Artist]

Originally Posted by wasteland.soldier

I haven't looked into this in years and what I say could prove false.

My understanding matches what others have said, with the caveat that intention is relevant. If you carry to protect yourself from humans, it's a prohibited weapon. If you carry it because you never know when you'll need to open a box or something, then it's legal.

I also understood that you were supposed to keep a knife visible when in public, which is why you see people carrying them with the clip sticking out of their pocket, or on a belt.

Again, I could be wrong.

I think you're closer to being right on this one - intent definitely is a contributing factor as to whether what you're carrying would constitute grounds for an offence or not (in the event that you're being searched or investigated). Further, as far as I've been able to find out, there is no law that says a knife has to be "visible" when in public.

[wasteland.soldier]

I also forgot to mention that I believe there's some rule about not having knives in "public meeting places", although I never did find out what that meant specifically.

[mds694]

As already mentioned the laws regarding concealment are based in its intended use as a weapon vs a tool. Convincing a cop your grandpas folder is for opening boxes is a lot easier then say you had a 6 inch dagger on your hip. Regarding one handed opening the trouble comes when you can flick your wrist or something of that nature and have it open I.e open using centrifugal force. There have been cases where retention screws were too loose and blades were confiscated despite not being designed to open in this way.

[DiabeticKripple]

this is what the CPS said when i asked them.


What are the legalities about carrying a 3" folding knife on my person? Just used to cut boxes open, not for self defense. It is not spring or gravity assisted. Would i have to clip it outside of my pocket to make it visible?

February 4, 2013
Calgary Police Service
2/4, 10:15am
Calgary Police Service
Hi ******. Thanks for your inquiry regarding knives. A few years ago the City of Calgary implemented bylaw 54M2006. Section 7 states:
POSSESSION OF VISIBLE KNIFE
7. No person shall carry a visible knife in any public place.
The fine if caught is $50.00.
An irony with this bylaw is that it could be viewed to contradict the Criminal Code with regards to carrying a concealed weapon. If you can’t have it visibly clipped to the outside of your belt, you certainly wouldn’t want a criminal charge for carrying it concealed in a pocket. Maybe the answer is carrying it in a sheath or holder of some kind? This way it is not visible but also not concealed.
Ultimately as you have stated, if this knife is a utility tool used for work purposes then you shouldn’t have any issues in possessing it. But if it was ever used in a threatening or aggressive manner, that is when these laws would likely come into play

[CNP]

Originally Posted by DiabeticKripple

this is what the CPS said when i asked them.


What are the legalities about carrying a 3" folding knife on my person? Just used to cut boxes open, not for self defense. It is not spring or gravity assisted. Would i have to clip it outside of my pocket to make it visible?

February 4, 2013
Calgary Police Service
2/4, 10:15am
Calgary Police Service
Hi ******. Thanks for your inquiry regarding knives. A few years ago the City of Calgary implemented bylaw 54M2006. Section 7 states:
POSSESSION OF VISIBLE KNIFE
7. No person shall carry a visible knife in any public place.
The fine if caught is $50.00.
An irony with this bylaw is that it could be viewed to contradict the Criminal Code with regards to carrying a concealed weapon. If you can’t have it visibly clipped to the outside of your belt, you certainly wouldn’t want a criminal charge for carrying it concealed in a pocket. Maybe the answer is carrying it in a sheath or holder of some kind? This way it is not visible but also not concealed.
Ultimately as you have stated, if this knife is a utility tool used for work purposes then you shouldn’t have any issues in possessing it. But if it was ever used in a threatening or aggressive manner, that is when these laws would likely come into play

Curious as to why you chose to exclude self defense as an option? Self defense is viewed as a non-starter? Self defence is always an intent is it not?

[Djm2u]

Originally Posted by wildwoods

I have the Kershaw spring assisted blade. I think they're pushing the limit as far as possible but still legal. Love the knife.

I have a Kershaw as well and love it. Always in my pocket got it it Wholesale Sports.

[gumby567]

Originally Posted by wildwoods

I have the Kershaw spring assisted blade. I think they're pushing the limit as far as possible but still legal. Love the knife.

I bought these as gifts for my groomsmen, father & father In-law. Excellent quality knives.

The answer I received when questioning the mechanism at the time of purchase was, spring assisted is fine, as long as it has a bias toward closure.

[ghostguy6]

Originally Posted by ehntr

Curious as to why you chose to exclude self defense as an option? Self defense is viewed as a non-starter? Self defence is always an intent is it not?

As soon as you mention you intend to use your knife for self defence your knife becomes a weapon according to thedefinitions in the criminal code. Even though your intentions may beddefensive only this mean you are now knowingly carrying a prohibited weapon and can be charged accordingly. Even admiting your knife is a weapon can land you before a judge. if anyone asks your knife is a tool and nothing more.

[Fat Dave]

Originally Posted by ghostguy6

As soon as you mention you intend to use your knife for self defence your knife becomes a weapon according to thedefinitions in the criminal code. Even though your intentions may beddefensive only this mean you are now knowingly carrying a prohibited weapon and can be charged accordingly. Even admiting your knife is a weapon can land you before a judge. if anyone asks your knife is a tool and nothing more.

I think this is the logic behind why bear spray or dog spray is fine but pepper spray for personal defense against a human attacker is not.

Almost every tradesman I know carries some sort of knife on their person, whether it be a utility knife or folding knife or whatever, along with quite a number of the general public. I would agree with previous posters that stated such a charge would be more likely in cases where the intent was threatening.

[Selkirk]

It's true that when we carry a knife, depending on where we are, we could be subject to knife laws of all three levels of government. See post #16 for a good example of a municipal law. In some cases, it may be impossible to comply with two or three different knife laws, all at the same time.

The solution that's been suggested to me (more than once), is to carry a knife with a clip (clip knife). Though most of the knife is 'concealed' in your pocket, it's not entirely hidden, as the top of the knife and attached clip are clearly visible. By this, you're neither openly displaying a knife, nor completely concealing it.

Would this not make you compliant with most knife laws?

Thoughts???

Mac

[KGB]

So correct me if I m wrong: if my family is on a hiking trip somewhere in a woods and I'm carrying one of those bowe fixed blade knifes attached to my belt in a shealth it is iligal?

[Fat Dave]

That bylaw above was for Calgary only.

[Selkirk]

Originally Posted by KGB

So correct me if I m wrong: if my family is on a hiking trip somewhere in a woods and I'm carrying one of those bowe fixed blade knifes attached to my belt in a shealth it is iligal?

No ^

If it's not concealed (hidden on your person), and you have no criminal intent, what makes you think it might be illegal?

Originally Posted by Fat Dave

That bylaw above was for Calgary only.

True ^

However, many other municipalities (and some provinces) have similar knife laws.

Mac

[RBI]

Once again , another law that is clearly written in " Black and White " ...and green and blue and gray and yellow , purple ......

I have called and spoken to the CPS a couple of times in the past 6-7 months , regarding said subject , first time after seeing a guy in walking around a mall here in Calgary , wearing , what I believed to be a " Buck " brand knife , black handle with a silver cap and about a 6 inch blade , in a black sheath .

I phoned the CPS to find out the legalities of said type of knife , and was told that as long as it was " not concealed " it was legal . in fact the officer was to go as far as to say that there wasn't even an issue with the size , although , one couldn't complain if the police were to stop and question said person , if a complaint had been made.

Basically , that " open carry " is permitted in the city. Ok , I understand a four inch fold knife in a closed sheath ( snap fastener for example ) or now over the last number of years , the thin knives that have a belt clip , but to be able to walk around with something a big as a Bowie knife , I find hard to believe and frankly disturbing .

The second time , was back in November , when my 19 yr old daughter moved out , I phoned to question , if there was a size limit , to a folding knife that my daughter could carry in her purse , for personal protection .

The officer answered that no size was /is legal if its ... a/ concealed , ...b/ for self deference . She suggested that if my daughter want to carry something for her personal safety , she should perhaps get one of the devices that produces a very loud high pitched sound/noise when its activated .

She did on the other hand , say that if my daughter was to carry a small knife for ...perhaps ...cutting an apple or the likes , that wouldn't be considered illegal .

So as its been said previously , its the intent , that directs the law .

Re the fist call , I personally have a difficult time believing what CPS told me to be correct .

Guess I'll try a third call one of these days .

[duck duck goose]

One more thing to add guys. By "Centrifugal knives" they mean any knife that can be opened by just flicking it with your wrist... if that makes sense.

Basically, if you can hold the handle of the knife and just swing it quickly and have the blade open then it is illegal, and the only thing that is required to prove this is someone has to be able to demonstrate that it can be opened in this way.

I know some old jack knives of mine as they wear out were able to be opened this way. They did not have a spring assist or anything like that, the mechanism that holds them closed just wore out. Keep that in mind and be careful. If you get caught in the wrong place at the wrong time with a worn out jack knife you could be in trouble.

[YukonBoundMan]

Originally Posted by Wild&Free

I think only butterfly and push button spring loaded open blades are illegal.

heard something about a blade size restrictions for carrying in public as well. 3- 4.5" maybe. never checked since big blades are always out in the bush for me. pocket knife or multi tool rest of the time.

will do some digging later for ya.

Manually-opened or 'one-handed' opening knives, including spring-assisted knives, that do not fall within the categories listed as prohibited weapons definition are legal to own, import and use.[16]

There is no length restriction on carrying knives within the Criminal Code, but there is a prohibition against carrying a knife if the possessor intends to carry for a purpose dangerous to public peace or for the purpose of committing a criminal offense.[17]

[hilt134]

I figure the legality all depends on the way you deal with the cop who asks you about it. If your the guy who screams about having no intent and it just being a tool instead of answering a cops question. You can be sure he will try his hardest for a reason to confinscate it or try and get you on somthing.

[Fur]

Good thread.

Funny thing one time I was coming back from hunting and had my SOG Bowie Tech knife on my belt (sheath) and the pay at the pumps was not working. So I walked inside and paid. Customer said to me you have a knife on your belt. I didnt think anything of it because I know that as long as it is not concealed it is NOT illegal. I generally would not wear the knife on my belt but I just forgot and the issue at the pump required me to go inside. It got me thinking so I called CPS to clarify and they said not illegal as long as not concealed and you were not planning on using it in a criminal act. They did say however public mischief laws could come into play. If someone walks in with a machete or sword etc if they could prove that a reasonable person would find this threatening it could be seen as public mischief. Again intent is huge.