What Are the Knife Laws in Canada?
The laws governing the possession and use of knives in Canada are a complex mix of federal and provincial legislation that have evolved over decades. Broadly speaking, Canada has laws that control the importation and exportation of knives, as well as laws governing the sale, distribution, and possession of knives. In this section, we examine the federal laws and regulations relating to knives.
Knife imports into Canada are controlled under the Export and Import Permits Act, which is administered by the Canadian Border Services Agency ("CBSA"). Sub item 6923.99.90.00 of the Import Control List prohibits "knives designed for export" unless they have been specifically listed for importation. For example, there are "permitted exemptions" for certain knives which are specifically listed (i.e. butcher knives), as well as an exemption for knives designed for export only.
The control of knives that are aboriginal origin is found in the Export and Import Permits Act and are generally regulated the same as knives that are not aboriginal origin. There are a few exemptions for knives on the Third Schedule, which do not require a permit for importation into Canada.
Knives may also be subject to controls under the United Nations Suppresssion of Terrorism Order. Knives that are described as knives specially designed for military use are found in Schedule 1 , item 5610.99.90 (of which knives are not exempt under the United Nations Suppression of Terrorism Order).
Knives are also controlled under the Terrorist Assets Report Order, which prohibits the import of certain knives (which are listed in the Schedule of that Order). Exemptions are made for certain knives.
The Controlled Goods Regulations impose a security requirements on the unlicensed possession and examination of controlled goods. Erasable knives may be classified as controlled goods within the definition.
The classification of certain knives are also covered by the Schedule I of the Prohibited Weapons Order, which sets out knives that are classified as prohibited weapons.
Provincial knife laws vary from province to province. Some provinces such as Alberta and Manitoba have specific provincial legislation that regulates knives. For example, in Manitoba it is illegal to sell, give away, or transfer knives that have a blade length of more than 6 inches (with some limited exemptions). In British Columbia, it is illegal to sell or supply knives that are "painted to conceal the true form of the weapon".
Legal Knives vs Illegal Knives
Canada has relatively few knife-specific offenses in most provincial criminal codes and the national Criminal Code. Unfortunately, simply because a specific knife feature is not expressly illegal does not necessarily mean it is legal. In accordance with the Canadian Criminal Code: Therefore, it is not specifically illegal to manufacture or import a weapon in Canada. That said, it may still fall under weapons trafficking provisions which have received enhanced penalties. A good rule of thumb is that knives that are folding blades (except for butterfly knives), without a double-sided blade or serration, and knives designed primarily as a utility tool, are generally acceptable in Canada, but that is not to state that the above-mentioned knives are illegal per se. It is important to note that knives with "thrusting" or "dagger" blades, knives designed to conceal themselves, knives with serrated edges, or knives with "punching"/"karambit" blades all fall under the above exclusion unto itself. The difficulty in determining whether a specific knife is permitted in Canada is exacerbated by the lack of a stated rule for the restriction of daggers or thrusting knives. Instead, Parliament has chosen to define daggers "by function," as determined by whether the blade is "primarily intended for use as a stabbing implement." A "knife" that is "primarily designed to stab, or made or adapted for stabbing" is generally regarded as a prohibited device in Canada. Thus, a "stabbing knife" is a prohibited weapon under Criminal Code Section 84(1)(d). In this regard, the rationale for banning stabbing implements in Canada hinges upon the notion that stabbing devices are "particularly dangerous" and "may be deemed to have been designed for use in the commission of an offense." Generally speaking, knives that are deliberately hidden inside other objects such as belts or other clothing, hair-knives, cane swords, belt buckle knives, pant-leg sheath knives, neck-sheath knives, pen knives, cigarette pack knives, canister knives, boot knives, shoe knives, and any deceptively designed knife, such as comb or pen knives, are frequently deemed to be a prohibited weapon in Canada.
Knives in Your Possession: What You Can and Can’t Carry
Canada’s knife laws are more strict than most other nations’ knife laws. However, even the UK allows a number of knives to be carried. The UK’s rules are similar to Canada’s while also being different—so it’s important to understand the laws that vary by country and continent. On the other hand, other members of the Commonwealth (like Australia and New Zealand) are much more lenient than Canada.
When it comes to carrying knives, the provincial and territorial governments do have some say, despite what the Criminal Code says. The federal restrictions on carrying knives—that knives cannot be carried in public unless the user has a valid reason—apply to federal lands, and essentially mean that knives can only be carried on your belt, and cannot be concealed in any way. Any knife that is concealed in a bag will technically be considered illegal, and the same goes for any knife that is not within eyesight or on your belt. Effects like belts that have sheaths to hold knives or wallets and bags that have straps which are worn on the body do not count as having the knife visible. Essentially, knives that cannot be easily found and seen are illegal.
This essentially means that all knives must be carried completely open and visible. These restrictions apply to knives in/on belts and strapped to your body, so you really can’t carry any knives with any sort of cover, sheath, or holster, unless the sheath or holster itself is visible. Sheaths that go over the knife blade will not be permitted, as such a sheath will hide the blade from use and thus conceal the knife. Knives in bags or inside wallets, tucked away from view, are still concealed in the bag or wallet, and so technically illegal.
Canada criminal code knife laws vary across the provinces and territories, how they do not vary across city, town, or municipality borders. Local law enforcement may be less strict on knife users than other regions of the province or territory, however these exceptions likely will not be made for the entire jurisdiction. A single police officer may decide not to follow knife law under these restrictions in order to avoid issuing a ticket, but know that other officers may not be so lenient.
Some cities and towns may also have restrictions on carrying knives that are not permissible by federal law. Even larger cities, or cities that are inside the jurisdiction of multiple government entities (like several municipalities within a region), may make stricter knife laws than are laid out in the Criminal Code. For this reason, it’s often a smart idea to read your local ordinances on carrying knives before traveling or moving to a new area. Some cities have been known to do random searches of vehicles and persons when stopping for a ticket (especially for DUI) that have led to knife arrests.
Self-Defense and Knives
When it comes to self-defense in Canada, the Criminal Code (RSC 1970 c. C-34) lays out the law. The following is an excerpt from the Code: Defensive force Defensive Force 34 (1) A person is not guilty of an offence if (a) they believe on reasonable grounds that there is a threat of harm to themselves or another; (b) in the circumstances, they reasonably believe that the act that constitutes the offence is the only reasonable course of action; and (c) the act is committed for the purpose of defending or protecting [themself or another] from that threat. A person cannot claim that use of force was reasonable if all of the following apply: (a) the person has or is believed to have provoked the attack; or (b) the force used was intended to cause death or serious bodily harm; or (c) the act is not committed in the act of self-defense. Further guidelines surround how self-defense applies to knife laws in Canada. For instance, you cannot provoke violence or behave in a belligerent way and then fulfill the aforementioned criteria. You must have been acting in defense of you or someone else first. If a person threatens you with a knife, for example, and you respond by threatening them with violence, it’s still considered self-defense so long as you are doing so for the purpose of defending yourself. You will still have to answer for your actions, however. For example, let’s say someone attempts to rob you at night with a knife. You, feeling threatened, throw a knife at the robber’s face, seriously injuring him. Will you be found guilty of attempted murder? Not necessarily. You will have to answer for your actions, but since the law states that defense is not unlawful so long as you were acting as above, you may be found innocent of wrongdoing. Mischief may apply, as well, in that you damaged property. The takeaway here is that self-defense is a widely applicable defense for just about any crime, even knife fights. These laws apply to all weapons, knives or otherwise, so all laws surrounding weapons in Canada apply to knives in Canada.
Consequences for Breaking Canada’s Knife Laws
Penalties for Violating Knife Laws in Canada
Violating knife laws in Canada comes with serious potential legal penalties, depending on the laws that are violated. For instance, a three-inch folding knife is legal to carry generally – however, a switchblade knife or any knife that is illegal to carry can attract legal penalties. Even folding knives that are less than four inches in length may be considered a weapon if you intend to use it as one or carry it in circumstances that would give the impression that you intend to use it as a weapon (see section 2(1) of the Criminal Code). As such, some of the most serious penalties apply to carrying prohibited knives. For instance, in R v Spigelman, the accused was also found in possession of a significant amount of cannabis and magic mushrooms. He was charged with possession of a controlled substance as well as possession of a weapon. The accused claimed that the knife was merely a tool – however, the presiding judge wrote that "a knife which possesses a blade of the size and types carried by the respondent is not a tool – it is a weapon". He was sentenced to six months in incarceration . In some instances, though, the Court may impose a conditional sentence even when involved with much more serious offences. In R v Leggo, the accused was found in possession of a titanium self-locking billy club, also known as a sap. The device is eight inches long and has a wooden handle with a steel ball on the end. The ball is used for striking and the club is otherwise concealed, making it a concealed weapon. The defence submitted that the accused’s use of the sap was purely defensive in nature – however, the learned judge rejected Leggo’s defence and found the sap to be a prohibited weapon. His Honour accepted that a custodial sentence of any kind would have a deleterious effect on Leggo’s life – however, he still imposed a period of probation of twelve months in addition to a 200-dollar fine. When you enter into a guilty plea or are found guilty of carrying a concealed weapon or a prohibited weapon you may be convicted of an offence punishable by both fines and/or imprisonment, to serve a term of no less than one year for an indictable offence, or less than six months for a summary conviction. It is important to note that weapons-related issues carry a special stigma and are taken exceedingly seriously by the courts in Canada.
Knives in Transit: What Travelers Need to Know about Canadian Knives
Travelers to Canada should be aware that knives like most other weapons are regulated to some extent within Canada. Normally no Canadian law enforcement officer will approach you in the middle of the street to ask to inspect the knives you carry. However, in some circumstances they may conduct a search, especially if officers have reasonable and probable grounds to believe that they will uncover a law being broken.
First, it is common for Canadian border patrol officers to ask about any knives that you are carrying or bring into Canada. Unless crossing the border with a knife is a crime where you are from or what you are bringing is illegal to bring into Canada, you should respond honestly and without reservation. Canadian border patrol officers have the right to stop, detain, and examine anything that you are bringing into Canada.
Similarly, some Canadian law enforcement agencies may have the power to stop, detain, and conduct a search for certain circumstances. While it is less common that they will stop and question a traveler for possessing a knife, you should be honest and provide full information if you are questioned.
Assuming that as a traveler you are complying with all laws, how can you go about trying to ensure that you are not inadvertently breaking the law?
We recommend for visitors to Canada to be mindful of what knives you carry on your person, and what knives you are carrying in public. For example, even if the knife you possess is legal, sometimes other accessories such as knife sheaves, or emitters may be illegal depending upon the circumstances. It is better to be safe and not ter in doubt.
Changes to Canada’s Laws on Knives
A notable aspect of Canada’s knife laws is that, as with most contexts in Canadian law, there are three centres of legislation: the Criminal Code, provincial legislation, and municipal bylaws. These overlap, and often conflict when a ban is based on an object being a "weapon" or having the potential to be a "weapon".
There have been some noteworthy developments in knife legislation at these three levels in recent years.
On May 1, 2016, new criminal code provisions came into effect, criminalizing the possession of a knife for the purpose of committing a robbery. This is a long awaited response to rising rates of street crime where robbers used knives to threaten their victim, rather than for example, by using a gun. Since this change in the law was intended to specifically target knife robberies, it is possible that knife-related legislation will continue to ease at the federal level.
It is also possible that under the new Liberal government, Quebec can expect to see new restrictions on knives. In the 2015 election campaign, the Liberals shockingly took the position that all knives should be treated as weapons under the law. Due to the complexity of federal legislation, even now as we enter the second full year of the Liberal mandate, Canadians still do not fully understand whether they are criminally liable for carrying the knives they own.
Municipal bans on knives were particularly prevalent in the 1990s, often in response to fears of youth violence linked to weapons . However, for most cities these bans did not last long, being replaced with more sensible resolutions which encourage increased safety measures at school. Nova Scotia’s school district has made great efforts to limit blades in its school, through resolved policies dating back to 2008.
However, an overreaction to a tragic incident has recently been proposed in Calgary. A high school student in Calgary stabbed a teacher, causing serious injuries. Following this incident, the Calgary School District went so far as to propose a ban on knives throughout the entire city. This position is not legally tenable. Although a school board may set reasonable limits on what is permitted on the premises, their jurisdiction does not extend wider than the school gates. The proposal from the Calgary School District has received considerable pushback, and further developments are anticipated.
As is evident from these recent changes in knife-related legislation, there is an overall relaxing of the pitch quality of restrictions on knives. The easing of restrictions at the federal and, at least on paper, provincial levels is a step in the right direction, as the end result of the last legislative cycle produced near prohibitions on many commonplace knives. The recent missteps in finishing touches on burgeoning legislation are a clear reminder that the balance between safety and freedom from arbitrary regulation on everyday carry items must be carefully drawn, and openness from lawmakers to truly listen to the people is essential to achieving that balance.