This interpretation by the CITT is just damn scary. This case needs to be taken to the Federal Court!
Whether the Goods in Issue Open Automatically by Centrifugal Force
The Tribunal closely examined and tested the goods in issue at the file hearing of this matter. This included reviewing their packaging material and instructions, as well as opening and closing the knives repeatedly. When fully closed, the knives have a tendency to stay closed and do not open automatically with a mere flick of the wrist. However, they do open automatically when a flick of the wrist is accompanied with minimal manipulation by the thumb of either the flipper or other non-edged parts of the blade, such as the nail nick, to overcome the initial resistance.
In fact, the instructions include directions on opening the blade without using the flipper, requiring only that the user “push gently outwards on the thumbstud”, referring to a part of the blade directly under the thumb when held in the closed position.[27] Once the blade is barely ajar, it easily, swiftly and readily swings into a fully opened and locked position with a simple, “slight flip of the wrist” as the instructions themselves confirm.[28] All of this can be accomplished in one simultaneous, single-handed movement with the wrist, thumb and forefinger.
The Tribunal has ruled in prior cases that a knife may still open automatically by centrifugal force even if it requires some preliminary or simultaneous manipulation of a flipper or part of the blade.[29] In recent cases, it has also ruled that a knife may be a prohibited weapon if the flipper works in combination with a device, such as a torsion bar, to enable the knife to open automatically.[30] As found above, there is no such device (in the form of caged ball bearings) in these knives. However, the Tribunal has never ruled, and subsection 84(1) of the Criminal Code does not provide, that a knife only opens automatically by centrifugal force when no manipulation is required of any part of the knife. The swiftness and ease with which the goods in issue open is in no way inferior to that of other knives that do not start in a locked position. The Tribunal does not believe that Parliament would have intended, or that the text of the statute commands, that the former be treated any differently than the latter.
DECISION
The Tribunal therefore finds that the goods in issue are properly classified under tariff item No. 9898.00.00 as prohibited weapons, in accordance with the requirements of paragraph 84(1)(a) of the Criminal Code, as the goods in issue open automatically by centrifugal force.
Accordingly, the appeal is dismissed.