Canadian Laws

Darrell Hubley

Darrell Hubley

Joined
Jan 28, 2003
Messages
42
I posted this on a Canadian site but here might have more exposure to get the answers so here it goes.The criminal code states: prohibited weapon" « arme prohibée »
"prohibited weapon" means

(a) a knife that has a "blade" that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife


Ok here is the problem i'm having is the Balisong uses centrifugal force on the handle not the blade? AndIn: R. v. Vanughan (1990), 60 C.C.C. (3d) 87 (Que. C.A.) to be a "prohibited
weapon" under this section a knife blade must not only open by gravity or
centrifugal force, but also automatically. Where ability and practice are
required to permit automatic opening, the knife is not a prohibited weapon.


I think you would all agree a Bali takes quite a bit of practice.....
 
Balisong laws have been discussed many times on the Canadian Connection forum. Many of us feel the same way you do but unfortunately the law in Canada and many other parts of the world put balisongs in the same prohibited category as automatic knives.

It has been debated that a balisong does not open "automatically by gravity or centrifugal force" but the people who make the laws feel otherwise.

It is strange that balisongs are considered prohibited weapons in Canada while one-hand tactical folders that are much easier to open are legal. It is most likely that the main reason balisongs are prohibited was due to their depiction as a martial arts weapon in movies.
 
It doesn't matter how much you can prove it, the people who make the laws are completey ignorant (even for liberals!) they don't even understand how these tools work... besides when they did ban switchblades and balisongs... stabbings increased; Same with the Califorina Ban, The U.S. switchblade ban, and the New York & New Jeresy State ban; Stabbings went up. Politicans here can't stand the fact that the law abding might be able to stand up politcialy wise.
 
Hello,

A search of the Criminal Code of Canada http://canada.justice.gc.ca/en/ yielded the following results for the search "knife"

(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife

Link http://laws.justice.gc.ca/en/c-46/38951.html included for complete article. Mr. Hubley quoted the same info, I just realized. Oh well, there's the rest of it :)

The loaded word centrifugal is where the law gets its ambiguity. Though by this same logic, any well oiled folder with a thumb stud qualifies as a "prohibited" weapon.

It is my (albeit limited) understanding that police officers are supposed to confiscate Balisongs, but there is an awful lot of subjective decision making involved. (usually affected by what you were doing with/while a Balisong was discovered)

Also, slightly OT, but in Canada the real dilemma is that the difference between having a pocket knife and a concealed weapon can also be determined by the officer in question. A concealed weapon includes anything you carry for "self-defense", especially anything sharp or pointy. A local police officer acquaintance of mine advised me that the difference between carrying a knife and carrying a concealed weapon often hinged on the words "self-defense" when explaining the situation to an officer.

Just my $0.02

Regards,

Shaun

What's that?
It's a knife.
Why do you need to carry a knife?
To cut stuff.
Why do you need to cut stuff?
Because sometimes things need to be cut.
 
It is strange that we are allowed tactial folders here.I'm thinking of lets say a CRKT M-16 with the carson flipper,wow fast as a switchblade i bet.
 
So techinally if you keep a Balisong to flip around in your house and your never chagred, they'll never find it. If they do take it; they probably will seize it and you can argue it in court and have a normal IQ level judge give you back your knife. It all depends on the officer at the seen... I talked to a LEO at the Police Station; he was actually the weapons expert there. Anyway he said "Anything that can flip open automatically is prohibited, you can't carry a knife concealed but a small knife in your pocket or clipped to your pants isn't going to cause trouble. Theres an arguement about Balisongs quite personally I don't care and if you just keep it in your house to flip around no-one is ever going to know and if an LEO does find it you can always argue it in court" he also noted "I've never gone out of my way to bust anyone who keeps a few "prohibited weapons" espically a switchblade or a Balisong in there home"

To be quite honest I can open a one hander faster then any switch or balisong I've ever come upon.
 
Ironically, that's my EDC (an M16-12Z). Specifically for its easy opening and closing (ironically, more for the ability to one hand close it!) but if we're real quiet, and no one uses it in a movie/crime maybe it will remain legal.

Regards,

Shaun.
 
I love my M-16 but another one on me allways is the CRKT-Kiss.i use it as a money clip and no one ever notices that it is a knife..Oh i guess that is concealment and i'm going to get arrested...;)
 
If you do a search, you'll find some of my old posts on this topic where I cite the relevant caselaw and explain the logic, such as it is. Balis or "butterflies" are proscribed, even if it takes considerable skill and training to open them with "centrifugal" force.
 
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