Canada Knife Laws?

R

RickJ

Joined
Mar 2, 2003
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Is it legal for me to ship fixed blades and one handed tactical folders over 4inch blade to Canada?

I am doing a Individual Sale but what to make sure it is legal, in Canada.

Rickj
 
Canada has no length limit, the only restrictions are on the way folders open. If it can be opened by way of inertial, gravitational, or mechanical force it's illegal.
Tighten the pivot screws enough that the knife is a pain to open and it won't be a problem.
Edited to add. Any knife made specifically for fighting (Push daggers and such) is considered illegal, best not try double edge blades either.
 
Joshua J. said:
Canada has no length limit, the only restrictions are on the way folders open. If it can be opened by way of inertial, gravitational, or mechanical force it's illegal.
Tighten the pivot screws enough that the knife is a pain to open and it won't be a problem.
Edited to add. Any knife made specifically for fighting (Push daggers and such) is considered illegal, best not try double edge blades either.
Click to expand...
Does that mean I can carry a regular [requiring two hands to open] folder with me? Like if the police were to somehow see that I had it would I be in ****?
 
It is a good idea, IMO, for anyone, Canadian or American, to adjust the pivot screw on his or her folder to the point where it must be pushed open with the thumb rather than flipped open. I have discussed this with friends who are/were police and/or prosecutors and they have said that the trick of using a lock such as the Axis or Rolling Locks to hold the blade closed so that you can pull the lock button back and flip the blade open would most likely result in seizure of the knife, at minimum. The LEOs would see it as a "gravity blade" and the prosecutors would probably support them, or so I have been told.

This leaves open the question of the CUDA MAXX knives, which are designed to be opened by using their quillons to start them and then their heavy blades to finish the task. When I showed my CUDA MAXX 7" to one Washington, DC, ex-LEO, he near had a heart attack and said that, had he seen me carrying such a device in his jurisdiction, he would have arrested me on the spot. I said that he would have been obviously correct in DC, where the blade limit is 3", but that we were in Arlington, Virginia. He would not say anything further as I think that he was in shock at the thought of such a knife.
 
Joshua J. said:
Any knife made specifically for fighting (Push daggers and such) is considered illegal, best not try double edge blades either.
Click to expand...

While Push Daggers are a definate NO - NO (illegal weapon along with several others like knuckles and nunchuks), double edge daggers are ok. I had a custom dagger fly through customs and double edge knives are readily available in the local knife stores.

That being said, anything can be considered a weapon by a LEO. Intent makes a weapon, until then it's just a tool :D
 
If the cops ask, just remember to never, but NEVER say this knife is for your personnal defence.
 
Question along the same lines of this topic...anyone in Canada have a benchmade balisong trainer shipped in? Were you successful? I know balisong (butterfly) knives are illegal but what about the trainer, no edge, holes in the blade? thanks.
 
no length limit
- no restriction on fixed blade "type" - eg. stealth fighters;
- double edges O.K. (daggers) -stillettos O.K.(unassisted opening only)
- swords O.K.

- list shipped knives as "cutting tools" [no kidding]

- folders no problem - can fall open, - just no spring or any type of non-manual assistance.
- no blade length restriction on folders.

- knives can have no obvious other purpose than as a weapon, - still o.k.
a CQB 'HOOK" for example - but then I suppose you could say it's for cutting carpet.

- big confusion is regarding carrying the knives.
- on crown land anything goes - concealed or not. - as in being in the bush - 'hunting' for example.
- citys and towns have their own laws.
- generally a 4" limit, folder or fixed and fixed even then, should not be obviously concealed - shoulder rig, for instance.
- you can tell a cop your knife is for self-defense, - not illegal; no more than your fist is. He may well try the usual intimidate/harass bullshit, but it's just blowin' smoke.
- most cops don't even *know* what the knife laws are. Had one tell me I couldn't carry a big fixed blade even in the bush; - but went on to say it was O.K. if I was 'hunting' (talkin' about the same bush)
- this constable could qualify for the idiot of the year award....
- & another one of our finest asked me if I had a knife - said "yes", "a pocket knife"
took it out of my pocket - a locking CRT folder, - he said "that's not a pocket knife"- remember, it just came out of my pocket... tried to confiscate it - they gave it back to me - maybe gave him a smart-pill too. :-)
 
G.R. (gord) Begg said:
no length limit
- no restriction on fixed blade "type" - eg. stealth fighters;
- double edges O.K. (daggers) -stillettos O.K.(unassisted opening only)
- swords O.K.

- list shipped knives as "cutting tools" [no kidding]

- folders no problem - can fall open, - just no spring or any type of non-manual assistance.
- no blade length restriction on folders.

- knives can have no obvious other purpose than as a weapon, - still o.k.
a CQB 'HOOK" for example - but then I suppose you could say it's for cutting carpet.

- big confusion is regarding carrying the knives.
- on crown land anything goes - concealed or not. - as in being in the bush - 'hunting' for example.
- citys and towns have their own laws.
- generally a 4" limit, folder or fixed and fixed even then, should not be obviously concealed - shoulder rig, for instance.
- you can tell a cop your knife is for self-defense, - not illegal; no more than your fist is. He may well try the usual intimidate/harass bullshit, but it's just blowin' smoke.
- most cops don't even *know* what the knife laws are. Had one tell me I couldn't carry a big fixed blade even in the bush; - but went on to say it was O.K. if I was 'hunting' (talkin' about the same bush)
- this constable could qualify for the idiot of the year award....
- & another one of our finest asked me if I had a knife - said "yes", "a pocket knife"
took it out of my pocket - a locking CRT folder, - he said "that's not a pocket knife"- remember, it just came out of my pocket... tried to confiscate it - they gave it back to me - maybe gave him a smart-pill too. :-)
Click to expand...

I'm not sure where you're getting your information from, but folding knives that can be opened through centripetal force (wrist flicking) are designated as prohibited weapons, which are illegal to own, let alone carry. Here is the exact definition out of the book (Criminal Code) pertaining to knives:

"prohibited weapon" means

(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, or

b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

That definition is open-ended enough to make me extra careful about what I put in my pockets.

Also, saying to an LEO that a pocket knife is for self-defence purposes is definitely not a good idea, as you can be easily charged with carrying a concealed weapon. A knife is a cutting tool until the medium you plan to cut becomes another human being. Cops tend not to like that. Here's some sections that could apply:

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.

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.

The key words in those sections of course being "weapon". Something to consider. It's entirely possible that certain cops don't know the legislation regarding edged tools, but the onus still lies on us, the responsible, knife-carrying populace to know legally where we stand.

As far as the rest of it goes, you're spot on. There are no restrictions on length, serrated or double edges, or fixed blades. Folders are A-OK inside certain parameters.
 
Phry said:
I'm not sure where you're getting your information from, but folding knives that can be opened through centripetal force (wrist flicking) are designated as prohibited weapons, which are illegal to own, let alone carry. Here is the exact definition out of the book (Criminal Code) pertaining to knives:

"prohibited weapon" means

(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, or

b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

That definition is open-ended enough to make me extra careful about what I put in my pockets.

Also, saying to an LEO that a pocket knife is for self-defence purposes is definitely not a good idea, as you can be easily charged with carrying a concealed weapon. A knife is a cutting tool until the medium you plan to cut becomes another human being. Cops tend not to like that. Here's some sections that could apply:

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.

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.

The key words in those sections of course being "weapon". Something to consider. It's entirely possible that certain cops don't know the legislation regarding edged tools, but the onus still lies on us, the responsible, knife-carrying populace to know legally where we stand.

As far as the rest of it goes, you're spot on. There are no restrictions on length, serrated or double edges, or fixed blades. Folders are A-OK inside certain parameters.
Click to expand...
I may in fact, have misled some of the folks re: folding knives, "falling open".
It is possible one could have the impression I was speaking of 'illegal', or *prohibited* folding knives.
- no part of my original text was to include prohibited weapons.
- I apologise for any misconception.
- the key word here, is "automatically"; and it follows then, the law speaks of *design*.
- in fact, any knife that is *designed* to be opened in a manner the law describes here, is illegal, - *prohibited*.
- a knife designed to be opened in a *legal* fashion, - indeed, in a way which is *non-prohibited* - presents no offence to the law; whether it virtually 'falls' open or not.
- a condtion resulting from wear, loose tension screws or whatever.
- if a legal knife was to be determined to have been purposefully 'modified' or altered, by the addition or removal of any of the features that establish the integrity of the knife being 'legal' - non-prohibited, - that would be considered an offense to the law.

- The key word in the sections you quote is not 'weapon';
the key word is, indeed, *prohibited*.
- To own, or possess a weapon, is not against the laws of our land; not *illegal*.
a knife does not become a 'weapon' only when it becomes *prohibited*.
- If this be the case, my New Orleans Fighting Bowie, with a razor-sharp, 13" blade, and sharpened [razor] back-clip, light, balanced, and quick as a wink... and *legal* - not *prohibited*...
would not qualify as a weapon, and therefore be ineffective as as a tool of self-defense, nevermind assult,- in fact essentially, be harmlesss...
- would it not?
- the sections also qualify the weapon being illegal by the inclusion of 'intent' and/or being 'prohibited'.
- to suggest to our friends in the south, that to not render their folding knives down to a state of being only able to open them with two hands, does not only seem rather unkind, but would make one wonder what was the point of creating them in the first place.

- I think a re-read of my original post will bear out the fact, that I did not contradict the statement "definitely not a good idea".
I said it was not *illegal* to state one's knife was for self defense.

- this "not a good idea" statement has been traditionally and often used by the cops ( constables on patrol ) themselves, to intimidate, harass, and even to coerce, people to believe the statement **means** *illegal*.

- I agree with you, essentially, that the responsible knife-carrying populace, should know *legally* where they stand; and the onus I believe, is to inform the remainder who do not.
- my primary purpose in the first place.
 
My mistake Gord, I must have taken something different from your original post than intended. I apologize for that.

If I read this correctly, you mention that a knife that has broken in or worn to a point where it can be opened by centrifugal force is not prohibited as set out as set out by the Criminal Code. I would have to disagree, as a personal friend of mine who is a police officer indicted and convicted a man for carrying a Buck 110 folder that had been worn in to the point where it was easily flicked open. I believe the knife carrier did time. Knives are not prohibited weapons, they are cutting tools, unless of course a firm wrist-flick can deploy the blade. Then the knife becomes a prohibited weapon, over something as simple as a loose pivot.

The point I was trying to make in my last post is that according to the Criminal Code definitions and sections regarding knives, the officer involved in the situation has a great deal of discretion in deciding whether or not the knife in your pocket is illegal. If it can be flicked, for any reason, it's illegal. If you carry a knife for the purpose of self defense, that makes it a weapon, and thus becomes illegal. Admitting to an LEO that you carry a tool, be it kubotan, knife or flashlight for the purpose of self-defense makes the tool in question a weapon, as it makes it much easier to prove the mens rea (mental intent) element of an offense in court.

To make a somewhat inelegant comparison, if your Fighting Bowie sits at home in a drawer, it's perfectly legal. If you carry your Fighting Bowie with you inside your waistband, that too is legal. If a police officer were to stop you and find said Bowie and ask about it's purpose, and your reply was along the lines of "I use it at work" or "It's a utility knife", then your knife is still legal. Unfortunately, if you were to reply that your Bowie knife were for self-defence purposes, it's now a weapon, and thus illegal to carry. You could keep it at home, I don't believe posession of a weapon in a residence is an offence, you just can't take it to a public place.

The prohibited weapon definition I mentioned only covers folding knives, but the definition of "weapon" is laid out in Section 2 of the Criminal Code, and it reads as such:

"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

and, without restricting the generality of the foregoing, includes a firearm;

Here's a link to the online Criminal Code to all those interested:
Criminal Code of Canada

I don't mean to come across as antagonistic to Gord, and I apologize in advance if it seems that way. For the record, I am currently enrolled in studies to become a police officer, and I am simply repeating the explanations and justifications regarding knives that have been passed on to me by professors and LEO's. Does it suck, yeah, it does, but if the cops think this way, or are taught this way, then it makes sense to me to be aware of the possible legal hassles associated with our hobby. I hope this all makes sense, and please forgive the long, rambling post.
 
hi, sorry for my bad english first,
maybe somwer here is answer for my quesion but could'nt find it...
my friend have bought at www.newgaham.com one benchmade afck axis lock, 5 benchmade pika folders, one benchmade training folder, and one photon micro light,
guys from newgraham said that hey will shio it to canada, and they did, (I have traded with them before, shipping to poland and all was fine) but my friend have recieved info from canadian customs office saying that thise knives are illegal in canada and cannot be recieved, moreover they said tahat all package will be officialy destryed after 120 days...
what can be done to get back money or knives (or my micro light atleast ;)
regards
wojtekn
 
Phry said:
My mistake Gord, I must have taken something different from your original post than intended. I apologize for that.

If I read this correctly, you mention that a knife that has broken in or worn to a point where it can be opened by centrifugal force is not prohibited as set out as set out by the Criminal Code. I would have to disagree, as a personal friend of mine who is a police officer indicted and convicted a man for carrying a Buck 110 folder that had been worn in to the point where it was easily flicked open. I believe the knife carrier did time. Knives are not prohibited weapons, they are cutting tools, unless of course a firm wrist-flick can deploy the blade. Then the knife becomes a prohibited weapon, over something as simple as a loose pivot.

The point I was trying to make in my last post is that according to the Criminal Code definitions and sections regarding knives, the officer involved in the situation has a great deal of discretion in deciding whether or not the knife in your pocket is illegal. If it can be flicked, for any reason, it's illegal. If you carry a knife for the purpose of self defense, that makes it a weapon, and thus becomes illegal. Admitting to an LEO that you carry a tool, be it kubotan, knife or flashlight for the purpose of self-defense makes the tool in question a weapon, as it makes it much easier to prove the mens rea (mental intent) element of an offense in court.

To make a somewhat inelegant comparison, if your Fighting Bowie sits at home in a drawer, it's perfectly legal. If you carry your Fighting Bowie with you inside your waistband, that too is legal. If a police officer were to stop you and find said Bowie and ask about it's purpose, and your reply was along the lines of "I use it at work" or "It's a utility knife", then your knife is still legal. Unfortunately, if you were to reply that your Bowie knife were for self-defence purposes, it's now a weapon, and thus illegal to carry. You could keep it at home, I don't believe posession of a weapon in a residence is an offence, you just can't take it to a public place.

The prohibited weapon definition I mentioned only covers folding knives, but the definition of "weapon" is laid out in Section 2 of the Criminal Code, and it reads as such:

"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

and, without restricting the generality of the foregoing, includes a firearm;

Here's a link to the online Criminal Code to all those interested:
Criminal Code of Canada

I don't mean to come across as antagonistic to Gord, and I apologize in advance if it seems that way. For the record, I am currently enrolled in studies to become a police officer, and I am simply repeating the explanations and justifications regarding knives that have been passed on to me by professors and LEO's. Does it suck, yeah, it does, but if the cops think this way, or are taught this way, then it makes sense to me to be aware of the possible legal hassles associated with our hobby. I hope this all makes sense, and please forgive the long, rambling post.
Click to expand...
I weary of this, but one last note.

You missed one important point; that is, to own or possess a weapon is not illegal.
A weapon is only illegal if it is a prohibited weapon.
You be suggesting a knife does not become a weapon untill it is prohibited.

- a cop can charge me for stating the legal knife I carry is for self-defense if he wants... go for it!
- it probably won't even get to trial.
- cop gets first 'smart-pill'.

- Self defense is not an offense - we all have the right to protect our god-given right to live.
- To be arrested and charged for stating ones intent to exercise this right is a violation of human rights as well as an obvious injustice.

- when you become a "police officer" what about your side arm? - your tactical folder? - what makes you so special?

- Tell you what.. if you do become a cop, and lung-disease hasn't killed me yet, let me know when you be on patrol; I'll meet you and politely advise you the legal knife I carry is primarily for self-defense, also my right fist.
- Decide to charge me if you will.
- See what happens.
 
I am under the impression it is illegal to arm oneself for self-defence in this country. This includes baton, knives, guns, pepper spray.... If I am wrong, can someone point to to a document that says otherwise. This is a silly law and makes no sense what-so-ever.

Will
 
G.R. (gord) Begg said:
I weary of this, but one last note.

You missed one important point; that is, to own or possess a weapon is not illegal.
A weapon is only illegal if it is a prohibited weapon.
You be suggesting a knife does not become a weapon untill it is prohibited.

- a cop can charge me for stating the legal knife I carry is for self-defense if he wants... go for it!
- it probably won't even get to trial.
- cop gets first 'smart-pill'.

- Self defense is not an offense - we all have the right to protect our god-given right to live.
- To be arrested and charged for stating ones intent to exercise this right is a violation of human rights as well as an obvious injustice.

- when you become a "police officer" what about your side arm? - your tactical folder? - what makes you so special?

- Tell you what.. if you do become a cop, and lung-disease hasn't killed me yet, let me know when you be on patrol; I'll meet you and politely advise you the legal knife I carry is primarily for self-defense, also my right fist.
- Decide to charge me if you will.
- See what happens.
Click to expand...

Let me address these points, and hopefully clear up any errors in communication:

- I never said owning or possessing a weapon is illegal. I even used your Bowie knife example to explain that.

- Self-defense is not illegal, nor did I say that. A weapon carried for the purpose is. There is no protection under Canadian Law for an ordinary citizen to carry a weapon, even for the intent of protecting one's life or that of a loved one. Yeah, it sucks. If I had my way, Concealed Carry permits would be legal in Canada, but they aren't, neither are knives (carried for the purpose of self-defence), pepper spray, or anything that fits the definition of a weapon under the Criminal Code. If you want to carry a knife for self-defence, that's your perogative. I couldn't care less either way. My posts are not meant to attack you personally, but a few points you brought up are irresponsible if intended to educate others on the legalities of edged tools.

- Police officers are authorized to carry prohibited weapons while on duty by virtue of the rank they hold. I am not a police officer, nor do I believe the rules don't apply to me.
 
Yeah but Canadian customs is getting crazy though.I've had recent shipment of 3 CS Trail guides and 1Vaqueo Grande and 1 XL Voyager clip point detained by customs on the untrue explanation that they can be opened by centrifugal force :rolleyes: I'd like to see anyone open the Vaquero and Voyager with a flick i tried ona 5" tanto point and it's virtually impossible..especially coming right out of the box.
These two I'm going to appeal even though I heard that once customs detains it,It's a lost cause..I wanna see the persom who managed to flickit open.Consider also that you cant tighten the pin! There's no flat screw like the Emerson's or a hex bolt like some BM folders.
The Trail Guides I will have sent back to CS but these two I will fight for!
Do you people see my logic or is it a waste of time,and customs is probably leaning towards making all folders very hard to obtain in Canada because of their ease of concealability.I appreciate any input from members that have experience with the details of these stipulations. Thank you
 
Nicked said:
Yeah but Canadian customs is getting crazy though.I've had recent shipment of 3 CS Trail guides and 1Vaqueo Grande and 1 XL Voyager clip point detained by customs on the untrue explanation that they can be opened by centrifugal force :rolleyes: I'd like to see anyone open the Vaquero and Voyager with a flick i tried ona 5" tanto point and it's virtually impossible..especially coming right out of the box.
These two I'm going to appeal even though I heard that once customs detains it,It's a lost cause..I wanna see the persom who managed to flickit open.Consider also that you cant tighten the pin! There's no flat screw like the Emerson's or a hex bolt like some BM folders.
The Trail Guides I will have sent back to CS but these two I will fight for!
Do you people see my logic or is it a waste of time,and customs is probably leaning towards making all folders very hard to obtain in Canada because of their ease of concealability.I appreciate any input from members that have experience with the details of these stipulations. Thank you
Click to expand...

What i find strange is that you can walk into a store here and by one hand opening CS and Spydercos. So what is the difference with ordering them? They come through customes either way. I don't get it, the laws are F'ed up!
 
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