When you imagine a knife, you think of the knives in your kitchen, the knives you use for everyday tools, and other times you think of them as deadly weapons. Knives are very useful tools and we need them on a daily basis. Whether you’re a cook, hunter, fisherman, or just need to open a box or cut a piece of string, knives are very popular tools. However, even though they are considered tools, the Canadian government believes that there still needs to be laws to regulate the types of knives Canadians can own. In Canada, some knives are illegal no matter what they are used for. If you live in Canada, how do you know the difference between a knife that is legal and one that is illegal? It is dependent on Canadian federal laws, the local Canadian police department, and local provincial laws.
Article 84 of the Canadian Penal Code covers the laws regarding illegal knives. The article defines a weapon as any object designed to be used to cause death or injury to any person or anything designed to be used for the purpose of threatening or intimidating any person. By this definition, a butter knife could be considered a weapon. However, having a knife on your person does not make it illegal. Under the law, a person with a knife must have the intention of using the knife as a weapon. With that said, you can’t ignore the fact that any pocket knife can be a threat and can cause serious injury.
The types of knives that are restricted in Canada are knives that you can open automatically. An example would be a switchblade. Shift blades are bent blades that have their blade under spring tension. Some switchblades have a side opening and others extend to the front. The blades of these knives unfold rapidly at the push of a button to release tension on the spring and quickly extend the blade. These knives are difficult to justify as tools. How often would you buy a switch blade just to cut ropes or open boxes? These knives were designed primarily to be weapons.
Other knives prohibited by Canadian law include knives that open automatically by gravity or centrifugal force. To determine if a knife falls under this law, the police will attempt to remove the blade from the handle with one hand. If the blade slips, the knife is considered an illegal weapon. The problem with this law is that most modern pocket knives are designed to be opened with one hand. Manufacturers such as Gerber, SOG, and Kershaw make a large number of pocket knives that can be easily opened with one hand. So are these knives illegal in Canada? According to the Canadian Border Services Agency (CBSA), the following list of types of knives is considered prohibited:
- Automatic knives such as automatic knives
- Centrifugal knives such as speed knives or butterfly knives;
- Gravity knives;
- Constant Companion (Belt Buckle Knife)
- Rings with blades or other sharp objects protruding from the surface;
- Push daggers;
- Spiked bracelets;
According to the CBSA list, regular pocket knives do not fall into either of these categories. Determining if a knife is illegal in Canada comes down to common sense. If your knife is practical to use when camping, hunting, or just cutting a rope, then it is legal. But if the same knife is used to harm another person, then it is a weapon. When a knife is used to harm another person, a prosecutor may argue that a small pocket knife is a dangerous weapon since it was used to harm someone. Therefore, a knife of any kind can become a problem even if it is used in self-defense.