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Q&A

Canadian Law with respect to knives

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I keep seeing slightly different answers for some of these questions.

In summary of what I know already, please tell me if I am wrong.

You can own any knife of any length, with the following general exceptions:

  1. It is stereotypically related to gang violence (like the auto/easy opening variety).
  2. It is designed to be concealed. (I do not really care about the specifics, as I personally am not interested in any knives like either of these)

You can carry around anything that is legal to own, but there is a length restriction for concealed knives? Do you need a lawful reason to carry it, in either situation?

Question 1: Self defense is not a lawful reason to carry a knife. Does this mean that if I end up defending myself (from an animal or a human) that it is unlawful to use a knife? Do they just not want you carrying one around just for this reason since pepper-spray would be better?

Question 2: I am rather leery of this "lawful reason clause". Is just general survival/cutting of things a good enough excuse?
It just does not really make sense to me. A knife is designed to cut things, and I carry one around to cut things with.

Question 3: So it is lawful to carry around, in full view, any length of blade? What is the restriction for concealed knives (I have heard numbers from 4" to 6")?

Question 4: What is classified as "carrying", exactly? Does that mean that I cannot transport a big knife in a backpack or bag? What is required for transporting big knives so that police will not call it concealing?

Specific situation: I really want to get a big-medium sized Kukri as a general survival knife that works well as a replacement hatchet. It is 100% a tool, but it looks like an intimidating sword. So this Kukri is not something that can really ever be carried around in plain view in public; it would attract too much attention. It is specifically related to the "how do I transport a large knife in public" Question 4.

But I also like a smallish utility knife. I am thinking of getting a small Bowie within that range (4"-6"). So the exact length requirement is important.

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2 answers

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I live in Canada (undisclosed area) and yes even in the capitol you can carry a knife from 4-6. The laws are clear and police (-if not corrupt) few will want a good reason for why you are carrying one. Now obviously you are not going to be prancing around showing off your knife. Likewise to what was said about looking normal and staying normal in ie: public places and possibly by police. As an example dress without any style, so what that means is wear a color that cannot draw attention or symbols. If you choose to carry a knife then do so but always make sure it is in plain view and if or when you are stopped by police for whatever reason (-possibly harassment) or a check because you might be drawing attention somehow (ie: acting suspicious, or nervous) act normal as best as you can and make absolutely sure you tell the officer right away before he (possibly) searches you (>Do not consent to a search<) that you have a 4-6(whatever the length) inch knife (location) and that it is sheathed. Now prepare for questions given the area you are in and situation. If this knife is a tool and intended as a tool and you can prove that, also you may you have to prove you did not have intent to commit a crime with it and you will have no issues with enforcement. They may tell you to keep moving on or try to entrap you into incriminating yourself via (possibly) the knife.

In any case just use your right to say nothing and just do as the officer says without resistance. Know your laws and what your right is. Keep a low profile and just do things away from people that you do not trust. Working a job is like acting on a stage. You get paid you leave and do your own thing. Speaking from my own experiences I can tell you it is pretty lonely at times to constantly trying to stay "hidden" among people. I feel like I live in a secret society. The way the laws and police work the whole functionality of the "system" in order to protect us "you" from ourselves is absurd. The way in which we live has become absolutely dependent on a system governed and controlled by individuals for a single purpose. I enjoy the simple pleasures of life and am not a violent person unless threatened (like how animals react). I left society and basically live off-grid but I have way more time to be involved here and there with things going on in the city. You can imagine how low profile I have to be when going into the city, right? I have to blend in and it's not easy with my gear.

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Canada does not really have any hard and fast rules, with regard to knives. Specifically, except for lists of a few specifically banned styles they do not even mention them. And something that must be kept at the top of your mind at all times is that a knife is not necessarily a weapon.

There are specific lists and descriptions, but suffice it to say you cannot own any gang knifes of knifes designed to be concealed. Specifically, knives that have easy/auto opening abilities are, for the most part, banned or a legal gray area.

The letter of the law pretty much allows you to carry any blade of any size anywhere, as long as you are not going to commit a crime with it, but if it could be considered a weapon it cannot be concealed. Not concealed is a matter of perspective as well; are you transporting your knife in your backpack, or are you concealing it; It depends on the circumstances and the perspective.

In real life cops do not like knives that are too big or too scary looking. If they think you having that knife is dangerous to the public good they will take it away from you, at the very least. I have heard numbers up to 6 inch as being the maximum allowed, but some cops will have a problem with far smaller knifes. It is all about where you are, what you look like, what you are doing, and does the knife look like a tool or a weapon.

Also it is important to know that, while I was completely unable to find any law pertaining to this, Canadian law enforcement do not allow the carrying of self defensive objects. If they believe your knife is for self defence, or you tell them it is, supposedly it will be taken away. The criminal code seems to specifically allow defensive weapons, but I am no law expert. If you happen to have a knife handy for a different reason (non self-defensive reason), and can prove that, you can use it when in danger of your life from an assailant.

Criminal Code, relevant quotations:

Prohibited Weapons

(a) 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 in or attached to the handle of the knife.
88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.
90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

Weapon

“weapon” means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person

Carry

'88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.
90. (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

Use on another Person

'17. A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself. Marginal note:Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

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