Canadian Knife law changes?

[Justin Barylski]

Did anyone else hear about the announcement by Canada Border Security Agency about their reassessment of section 84(1) of the Criminal Code of Canada. The way it sounds, essentially every folding knife in existence is now considered a prohibited weapon and will be seized if trying to cross the border.

[Grant Lamontagne]

Yup.

https://forum.multitool.org/index.php/topic,75408.0.html

Also KnifeNews posted something yesterday:

http://knifenews.com/canada-border-services-agency-seizing-one-handed-opening-pocket-knives/

I have been in touch with a couple of knife companies already and I have a few more discussions to have today about it.  I don't really have any news to share yet, but hopefully soon.

I'd suggest sending a message to your Member of Parliament regarding this.  If you don't know who your MP is, here is a list:

https://www.ourcommons.ca/Parliamentarians/en/members

I'd also strongly suggest discussing this with your local knife dealers and anyone else you know who may carry a folder, even if it's a SAK or multitool.  In my link above I show how even an OH SAK can be affected, and I have done the same thing with Freestyle, Skeletool etc.  The CBSA requirements allow for manipulation of the blade prior to flicking and for multiple attempts, which means virtually anything with a pivot could be illegal.

It is important to note that at this moment, this only affects the importation of knives, not the ownership, carry and/or use of such knives.

Def

[Old Boy]

That sucks. Though it does seem like fixed blades are ok? If so that would be cool.

[dks]

I am surprised Grant did not mention it before

[Don Pablo]

I am surprised Grant did not mention it before

[Justin Barylski]

Yup.

https://forum.multitool.org/index.php/topic,75408.0.html

Also KnifeNews posted something yesterday:

http://knifenews.com/canada-border-services-agency-seizing-one-handed-opening-pocket-knives/

I have been in touch with a couple of knife companies already and I have a few more discussions to have today about it.  I don't really have any news to share yet, but hopefully soon.

I'd suggest sending a message to your Member of Parliament regarding this.  If you don't know who your MP is, here is a list:

https://www.ourcommons.ca/Parliamentarians/en/members

I'd also strongly suggest discussing this with your local knife dealers and anyone else you know who may carry a folder, even if it's a SAK or multitool.  In my link above I show how even an OH SAK can be affected, and I have done the same thing with Freestyle, Skeletool etc.  The CBSA requirements allow for manipulation of the blade prior to flicking and for multiple attempts, which means virtually anything with a pivot could be illegal.

It is important to note that at this moment, this only affects the importation of knives, not the ownership, carry and/or use of such knives.

Def

Thanks Grant! I sent a letter to my MP and emailed some dealers about it. Hopefully this can be worked out soon!

[pfrsantos]

Yup.

https://forum.multitool.org/index.php/topic,75408.0.html

Also KnifeNews posted something yesterday:

http://knifenews.com/canada-border-services-agency-seizing-one-handed-opening-pocket-knives/

I have been in touch with a couple of knife companies already and I have a few more discussions to have today about it.  I don't really have any news to share yet, but hopefully soon.

I'd suggest sending a message to your Member of Parliament regarding this.  If you don't know who your MP is, here is a list:

https://www.ourcommons.ca/Parliamentarians/en/members

I'd also strongly suggest discussing this with your local knife dealers and anyone else you know who may carry a folder, even if it's a SAK or multitool.  In my link above I show how even an OH SAK can be affected, and I have done the same thing with Freestyle, Skeletool etc.  The CBSA requirements allow for manipulation of the blade prior to flicking and for multiple attempts, which means virtually anything with a pivot could be illegal.

It is important to note that at this moment, this only affects the importation of knives, not the ownership, carry and/or use of such knives.

Def

That can change in a heart beat...

 

[jzmtl]

Basically CBSA pulling rules out of their butt again, not the first time it has happened, hopefully it won't stick this time.

[ThePeacent]

To those wanting (and I'd recommend doing so) to write a letter to their MP, here is an example that I found that I consider very nicely written and well put.
The authors have given permission to use parts of it as a template or base o write your own particular letter. 


Customs Notice 18-01 - Trade Tribunal Decision on Centrifugal Opening Knives
Dear ---- and ------,
I am writing to you today to express my dissatisfaction for the recent decision by the Canadian International Trade Tribunal to effectively ban the importation of most folding knives to Canada. As the contact person for this ruling and my local MP respectively, I hope that you will take the time to read my point of view. As an enthusiast of everyday carry (EDC), a product segment of items that provide small but meaningful utility purposes, and as an aspiring entrepreneur, this ruling has severely impacted my hobby, community and future livelihood prospects as well as that of countless other Canadians. I strongly urge you to reconsider this motion based on the numerous ripple effects this will cause across the country, explained in detail below.
The EDC community is a dedicated market of individuals that purchase items such as flashlights, multi-tools, pens, wallets, watches and various types of knives. We are the gainfully employed urban dwellers and the outdoor adventurers; the workers and the cottagers. We are made up of everything from law enforcement officials, firefighters, emergency services personnel, military, construction workers, contractors, office staff and, truly, all manner of Canadians. From mundane daily cutting tasks to actions that affect our performance at our jobs, pocket knives are important tools that we value and make significant use of, particularly ones that allow for ease of use and for one-handed function. And we as a community simply love using and sharing our gear. It gives us a sense of pride in ownership to have this uniting assortment of products available to us.
Now, with a blanket ban on importation that affects nearly all types of pocket knives, a significant amount of this market has become unavailable without warning. The ruling by the CITT is a substantial overreach of our existing laws around so called “centrifugal knives” that make no mention of “simultaneous minimal manipulation of either a flipper or other non-edged parts of the blade.” Truly, it takes the interpretation of what constitutes a knife of this variety to an extreme and essentially bans any pocket knife with any sort of one-handed function despite this not being a part of the Criminal Code. However, should it go beyond an importation ban in the future it will also criminalize millions of innocuous pocket tools that Canadians already possess. The wording of the ban invites interpretation that could classify the most common of tools, such as a Leatherman or Victorinox Swiss Army product, as ‘prohibited’ simply based on the ability to loosen a pivot and flick the blade open even if this is not a part of its intended design. In fact, it could criminalize an item even non-enthusiasts possess - one of these readily available bladed tools could be something you or a family member own and have never thought twice about.

While public safety may have been the motivating factor behind this ban, there is no evidence to suggest ‘one-handed opening’ as a function presents any additional danger or a need to criminalize these tools. There is, quite simply, no public outcry over these knives or knife crime in Canada in general. Strict legislation punishes the tool rather than the user and is contradictory to modern amendments to possession and carry laws which acknowledge the need to do away with bans on opening mechanisms as technologies innovate over time.
Neighbouring states such as Alaska, Michigan and Maine, just to name a few, have already reformed their laws in the last decade. The recent decision by Transport Canada to allow small knives on airplanes also makes the CITT ruling particularly confusing as it sends our laws in two very different directions. By all accounts it appears to be a puzzling, knee-jerk solution to a problem that never existed and is at odds with both the existing Criminal Code and Transport Canada rules.

As a bit of background on myself and why this ruling has struck a nerve, I have spent the past year and a half alongside my partner ------  developing a business around the retail of EDC products that is at risk of moving forward. ------, as we have branded it, was mere months away from launching as Canada's digital hub for this community. It was our passion project based on our years-long hobby and interest in EDC combined with our backgrounds in branding, content creation and ecommerce.

With few domestic manufacturers, our business model of digital retail was entirely reliant on the importation of third party products from the United States and abroad. The few Canadian manufacturers of folding pocket knives we could partner with are at risk as well as they are no longer able to uphold their international warranties or service their products sent to them from abroad. Essentially, the CITT ruling ensures their products may leave but never return. And the ruling has just elevated Canada to having some of the harshest laws around pocket knife importation globally.
As the co-founders of -----, ----- and I have reached out to many companies in the run up to our launch - high quality, industry leading and performance-centric manufacturers such as Spyderco Inc. and Kai Ltd. that cater to working professionals and outdoors people. Many of these companies manufacture pocket knives that have now been deemed prohibited by this ban and, as such, they have ceased communications with us. Pocket knives constitute a large proportion of their revenue, with Canada representing a strong market due to its geographical and cultural proximity to the United States. The EDC market has a firm foothold in Canada that is in lockstep with our neighbours to the south. Though now, in effect, the ban has caused Canada to become a giant question mark for their operations.
 And with so many of their products having just been banned here, there is no longer a need to speak with a first-time retailer such as us. Their exports to Canada may outright cease because of it.
Without these manufacturers on board we will not be able to become operational. In addition to not being able to run our dream business, this means any future net positive on the Canadian economy has just evaporated. Specifically, the tax revenue the organization would remit to the CRA will be lost and our entire staffing proposal in our 5 year plan would remain unfulfilled and cost Canadians jobs. In addition to start-ups such as ours, entire large-scale retailers such as Canadian Tire, Amazon.ca, MEC, Cabela's, Bass Pro Shops, Home Depot and Wal-Mart are now in possession of inventory that could be interpreted as prohibited.
Future product orders and revenue potential are in jeopardy without the ability to import more stock. Lost revenue, again, leads to lost jobs and a further loss to our economy.

------- and ------, I thank you for taking the time to read this email. I hope that you will consider the substantial impact that Customs Notice 18-01 will have on Canadians and urge you to take action to reverse this ruling. For myself and ------ as well as the professions and companies I’ve named, this is absolutely devastating. Customs Notice 18-01 is an unprecedented scenario that has caught a substantial amount of people and industries off guard and will no doubt cause further consequences throughout our great country.
Respectfully yours,

Author

EDITED for authors' privacy (Thanks Dutch!!)

[pfrsantos]

Thanks, Dutch and Peacent!

[Old Boy]

I believe Mr. Grant has a few Leatherman Knifeless Fuse in the MTO store.