CBSA (Canadian border services agency) cracking down on folders entering Canada

Ill try one last time since i keep getting tagged back in here. You realize it's the Individual agent(s) making the call not the entire group of cbsa members.. Hence the PERSONAL opinion stated many times, they need some form of external controll . You can get charged differently on the same items for duty/tax depending on the agents feelings in that moment it's not just deeming admissible or prohibited .. same with your incoming packages to usa. It's a broken system all around. Not ALL cbsa members and border agents are doing this either don't think I have a hatred for them. Just stating what it is..
 
Mute the thread, I'm not seeing you tagged in at all. But anyway,
No, not individuals, they got most of this power post 2001, but had a bunch of it beforehand, it has to do with the fact that they have a lot of extrajudicial powers which the organization uses for surveillance, and they cultivate a culture of "above the law" attitude at the behest of agencies that have more controls. As for the Individuals, at a certain point, if you agree with your co-workers to the point that you still work there, the brush and tar will fall where they may. I'll carry water a long way for folks who need to feed their families or keep a roof over their heads, but even I have limits. CBSA as an organization proved in 2018 that if they got pissy and wanted to, they could shut down all import/export traffic in Canada and the government folded. Canada has a federal policing problem, and CBSA is only one part of that, but they have a greater ability to cripple their opponents, compared to the other two agencies.
 
Sorry to resurrect an old thread but has there been any discussion on disassembled knives and how the CBSA handle those? Can they seize them based on the model name, specs, description, etc, without performing a test on the actual knife in the package? Or can they assemble the knife to test it? If you had any experience please do share.
 
mauser9 said:
Canada sounds pretty sucky since Trudeau!
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It doesn't have anything to do with Trudeau. It has to do with intentionally vague laws that have been around a long time, regarding knife imports, to give more flexibility to law enforcement when and when they choose not to go after people. You have the knife industry creating new and interesting ways to open knives coming up against laws that were designed to target switchblades and butterfly knives, with a customs guy trained by people who were trained to enforce laws against switchblades and butterfly knives. A lot of gun lobbyists throw knife users under the bus to make a point and it's political suicide to stand up in parliament to defend knife rights, when the media will shove the latest stabbing in your face and run with the story about you being pro-stabbing.

The laws haven't kept up and in many cases that's good for knife collectors, who can just ask to have the supplier tighten up the detent. My Demko AD20.5 would likely be illegal if the people making and overseeing the enforcement of these rules knew anything about knives, because I can open that thing faster than a lot of autos. If I want a folder, I buy it via a Canadian retailer who have the experience in dealing with the issues at customs and there's no risk to me. I buy fixed blades from Europe and the US with no hesitations, because there's nothing to get confused about. I can legally buy all sorts of things in Canada that if the police caught me walking around downtown with them they would lose their minds.
 
CosmicNinja said:
Sorry to resurrect an old thread but has there been any discussion on disassembled knives and how the CBSA handle those? Can they seize them based on the model name, specs, description, etc, without performing a test on the actual knife in the package? Or can they assemble the knife to test it? If you had any experience please do share.
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From a legal standpoint, they can go based on model, they seem to not do that very often, but I think one of the larger cases involving a retailer did actually involve an officer making that decision. I suspect that in time, we would be likely to see some form of descriptor used, since they found out the hard way with the firearms act that making a list of models is essentially impossible.

mauser9 said:
Canada sounds pretty sucky since Trudeau!
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Every party has played a role in making this what it is. There is plenty to criticize with the current parliament, but that doesn't mean any of the other parties are likely to change things for the "better" even if we could agree on what that was.
 
Question’s

I am assuming out the front automatic knives are illegal in Canada

Is the Shivworks Clinch Pick 2.0 legal in Canada???
 
Shrike9 said:
Question’s

I am assuming out the front automatic knives are illegal in Canada
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Yes, automatically opening knives are illegal in Canada.

Shrike9 said:
Is the Shivworks Clinch Pick 2.0 legal in Canada???
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There doesn't seem to be any reason to think so, looking at our current laws and at the knife in question. That knife appears to simply be a fixed blade without any features that'd otherwise make it illegal.
 
The_Iron_Joe said:
Yes, automatically opening knives are illegal in Canada.



There doesn't seem to be any reason to think so, looking at our current laws and at the knife in question. That knife appears to simply be a fixed blade without any features that'd otherwise make it illegal.
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Thanks, will be visiting family in Sask & Alberta and they were unsure about knife laws but said be careful as self defense is a criminal offense anymore
 
Shrike9 said:
Thanks, will be visiting family in Sask & Alberta and they were unsure about knife laws but said be careful as self defense is a criminal offense anymore
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That's fair. While this isn't professional legal advice and I'm not a lawyer, I'd caution that while carrying a knife as a tool is legal, carrying weapons for the purposes of harming others ("self defense" falls under that here) falls under weapons possession laws in the Criminal Code. Here is what a "weapon" is under the Canadian Criminal Code:

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
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You can see that's rather broad, but keep in mind the "mens rea" aspect of the Criminal Code. You generally need to be of a "guilty mind" in order to be charged with a crime, whatever frame of mind is necessary for whatever action is considered a crime. So yes, you can legally walk around with a pocket knife, fixed blade, machete or even a sword strapped to your hip, but you cannot have violent intentions with the item. You can be carrying it for transportation, employment, utility or recreational purposes, but if it's determined that you possess the knife for violent purposes, you can be charged. If merely suspected, you can have your item confiscated.

Possession of weapon for dangerous purpose

  • 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.
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If it is determined that you are trying to hide a knife that is designed as a weapon, such as the "Shivworks Clinch Pick 2.0", and you are attempting to conceal the presence of the knife, then;

Carrying concealed weapon

  • 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.
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Note that the manner of carry and the circumstances surrounding an incident where such a knife becomes a problem will certainly factor in, and that merely obscuring a knife from sight (as in carrying a pocket knife inside a pocket), isn't necessarily considered "concealed".


TLDR; Not legal advice, but if you are carrying a regular knife designed as a tool, it shouldn't be a problem. Things become more problematic when the knife is designed as a weapon (or even marketed as one, as that can signal intent in carrying it).

EDIT TO ADD; There is also an understanding that if you happen to have an item with you, be it a knife or otherwise, as a tool, and you need to rely on that item for self defense, you are permitted to meet the force presented to you; that is, you can defend yourself with items at hand using "reasonable force".
 
It never hurts to pick a knife that is more like "Caspar Milktoast"; than "John Rambo".
 
The_Iron_Joe said:
That's fair. While this isn't professional legal advice and I'm not a lawyer, I'd caution that while carrying a knife as a tool is legal, carrying weapons for the purposes of harming others ("self defense" falls under that here) falls under weapons possession laws in the Criminal Code. Here is what a "weapon" is under the Canadian Criminal Code:



You can see that's rather broad, but keep in mind the "mens rea" aspect of the Criminal Code. You generally need to be of a "guilty mind" in order to be charged with a crime, whatever frame of mind is necessary for whatever action is considered a crime. So yes, you can legally walk around with a pocket knife, fixed blade, machete or even a sword strapped to your hip, but you cannot have violent intentions with the item. You can be carrying it for transportation, employment, utility or recreational purposes, but if it's determined that you possess the knife for violent purposes, you can be charged. If merely suspected, you can have your item confiscated.



If it is determined that you are trying to hide a knife that is designed as a weapon, such as the "Shivworks Clinch Pick 2.0", and you are attempting to conceal the presence of the knife, then;



Note that the manner of carry and the circumstances surrounding an incident where such a knife becomes a problem will certainly factor in, and that merely obscuring a knife from sight (as in carrying a pocket knife inside a pocket), isn't necessarily considered "concealed".


TLDR; Not legal advice, but if you are carrying a regular knife designed as a tool, it shouldn't be a problem. Things become more problematic when the knife is designed as a weapon (or even marketed as one, as that can signal intent in carrying it).

EDIT TO ADD; There is also an understanding that if you happen to have an item with you, be it a knife or otherwise, as a tool, and you need to rely on that item for self defense, you are permitted to meet the force presented to you; that is, you can defend yourself with items at hand using "reasonable force".
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Good thing Saskatoon & Edmonton don’t have any criminal’s or any crime 🤣🤣🤣🤣🤣🤣

Thanks much for all this, really seems it’s way more convoluted that I was thinking & it’s best to leave the Clinch Pick at home…….along with the POM OC as that’s also bad in Canada………

Have to dig out a Spyderco that is not a weapon look but more of a tool looking blade
 
Bob Denman said:
It never hurts to pick a knife that is more like "Caspar Milktoast"; than "John Rambo".
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Also when police ask you why you carry a knife, it's best not to reply with song lyrics from Smuggler's Blues: "You've got to carry weapons 'cause you always carry cash".
 
Locutus D'Borg said:
So you are claiming Kevin lied about what CBSA told him? And your point about "getting" rocksteads across: it would depend on when, because this is supposedly a new change. Because many people shipped knives across without a problem in the past. If you want to prove your point, mail one across NOW and film the packaging, date etc. So we can tell the ground truth.
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An assertion without evidence can be dismissed without evidence.
 
Twindog said:
What about Arathol's suggestion: Tighten the pivot so the knife can't be flipped? I've done that for fellow forum members, but not recently.
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I would have said flippers would pass the law anyway because they have a detent.

Edit.
Nope. Just read the law. Two hand openers.
 
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