Poor outlook for Canadian knife enthusiasts

I put this in another thread and thought it would do well here:

I very strongly recommend getting in touch with your MP and sending a complaint email to the CBSA and those governing bodies.

If we let them know that we are unhappy, and make a logical point about how these new changes are a problem, we may be able to make a positive difference.

When in doubt, use the (reasonable) torch and pitchfork method.
It seems to be the only thing the government understands.

What we need is a group like kniferights in America. We need to get Canadian knife makers, knife store owners, and collectors/users to band together. That way it will get the message across, if you don’t get rid of this nonsense you will lose all our votes. And we will tell our friends and loved ones to vote against you.

Or if you do revoke it we will get all our friends and family to vote for you.
 
I quit smoking and started vaping a few years ago and this reminds me a lot of all of the panic around potential banning of vaping and customs refusing shipments of ejuice and vaping hardware.

Many of us seem to panic and think the sky is falling.

The main thing I see that really would suck with this whole thing would be if the Border Service morons start refusing shipments of any knife that can be opened with one hand. Not just flippers or knives with loose pivots, but knives with Spyderholes, thumb screws, Waves, etc. Also, potentially killing the knife selection at Canadian B&Ms as they may have challenges importing stock. What a country when one Govt entity has the power to put retailers out of business by blocking product that isn’t actually illegal to own and use here. Stop and think about how idiotic that really is. o_O

I see nothing alluding to changes to my ability to carry all of the knives I already own including many that may now be be refused entry into Canada by CBSA....
 
Okay so looking at this again on the original link by the OP. It now states that individuals cannot import the prohibited knives but a business with a firearms license can.
 
I don't know if it means much, but I just wrote a letter to my local MP. I hope my fellow Canadian knife enthusiasts can do the same. Hopefully, something positive comes out of it.
 
Text of a letter I plan to send:

The Honourable ____ ________, P.C., M.P.
House of Commons
Ottawa, ON K1A 0A6


Dear ________,

Recently, the Canada Border Services Agency (CBSA) issued a Customs Notice (18-01) as a result of the Canadian International Trade Tribunal’s (CITT) decision in appeal number AP-2017-02. The CBSA had asked the CITT to rule on whether a certain design of folding knife were classified under tariff item 9898.00.00 of the schedule to the Customs Tariff as a prohibited weapon and, therefore, prohibited from importation into Canada pursuant to subsection 136(1) of the Customs Act. The CITT ruled that a folding knife is a centrifugal knife, a prohibited weapon under the Criminal Code subsection 84(1), if it opens with the flick of the wrist even if only after some other preliminary manipulation of the blade by the user. This method of classification is extremely general, covers many more designs of folding knife than that considered by the appeal at hand, and enables the CBSA to prohibit entry into Canada of a substantial fraction of folding knives on the market today. This decision and the resulting customs notice are incorrect and unjust for the following reasons:

1. Folding knives are tools that are legitimately owned and used in work and in daily life by many Canadians. The ability to open a folding knife with one hand adds a great deal of utility. As a matter of principle alone, these federal government departments should not be targeting legitimate tools used by Canadians.

2. The CITT has erred in its classification of certain folding knives as centrifugal knives as defined in section 84(1) of the Criminal Code. Almost any folding knife with a nail nick, thumb stud, or even without any such feature on the blade can be partially opened with some manipulation to a detent position, from which the blade can be opened the remainder of the way with a flick of the wrist. The definition of centrifugal knife in subsection 84(1) of the Criminal Code was intended to prohibit butterfly or balisong knives. A folding knife, even one which can be opened with one hand, doesn’t meet the definition of weapon in section 2 of the Criminal Code solely by virtue of its design. Therefore its classification as a prohibited weapon is incorrect (R. v. Murray (C.A.), 1991 CanLII 7116 (ON CA)). Indeed many designs of folding knife which meet the CITT’s flawed interpretation of prohibited weapon are legally traded and possessed within Canada without hindrance or prosecution, a status quo unaffected by any decision of the CITT.

3. It is not the role of the CITT to interpret the Criminal Code. The CITT is tasked with administering trade rules as they relate to Canada’s economic well-being. It is not a criminal law enforcement or security body. The CITT admits that the classification of the folding knife under tariff item no. 9898.00.00 depends on whether it meets the definition of prohibited weapon in subsection 84(1) of the Criminal Code. Therefore, classification of goods under this tariff item should be deferred to decisions made by the Department of Justice and the courts, which are responsible for interpreting the Criminal Code. The Criminal Code has the same meaning and intent at the country’s borders as it does within the territory of Canada. If an item is not prohibited by the Criminal Code within Canada, it is neither prohibited by the Criminal Code to be imported into Canada. Most knives used by Canadians are imported and import prohibition of these knives into Canada could affect the supply for legal trade within Canada.

As a concerned Canadian (and a constituent of yours), I am extremely disturbed by this unnecessary and unjust overreach by these two federal government agencies. Many others and I strongly urge action by our legislators to correct this situation. I and many other concerned citizens thank you in advance for your time.


Yours sincerely,

________________

I also plan to include some additional detail on point #2, namely showing that I can manipulate my swiss army knife blade with one hand to the point where I can flick it open. Have we wandered so far down the path of absurdity that a boy scout's knife is a prohibited weapon? My MP happens to be the minister of justice, not sure if a minor rewrite would be warranted in order to send to the minister of finance who is in charge of the CITT, or the minister of public safety who is in charge of the CBSA. I am not a lawyer, but at the moment I wish I were. I am however willing to chip in for legal fees to fight this.

Eric
 
Sent a letter to my local MP and the following is his reply.

Thank you for reaching out and sharing your concerns. Due to the technical nature of your inquiry I was able to contact the Ministry of Public Safety and Emergency Preparedness and they provided me with the following information:


The Canada Border Services Agency (CBSA) is responsible for effectively controlling the movement of weapons in order to ensure compliance with existing laws, regulations, and orders. The importation of goods listed in tariff item (TI) 9898.00.00 is prohibited unless an exemption in that TI applies. Prohibited weapons are listed in TI 9898.00.00. According to the Criminal Code, subsection 84(1), prohibited weapons are defined as:


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; or


b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon.


A CITT decision, Appeal No. AP‑2017‑012, T. LaPlante v. President of the CBSA, regarding knives that open automatically by centrifugal force, was released on November 16, 2017. The statement of reasons of the CITT decision is explained in the decision document, which can be found at www.citt-tcce.gc.ca/en/node/8176.


The CITT decision determined that a centrifugal knife is one that has a blade that opens automatically by centrifugal force when the blade is released from the handle into the fully ejected and locked position with a simple and brisk outward flick of the wrist. It includes knives that require some preliminary or simultaneous minimal manipulation of either a flipper or other non‑edged parts of the blade.


There are also situations when folding, assisted-opening, spring-assisted, and ball-bearing knives may be considered a prohibited weapon if the blade, through wear and tear or alteration, can be fully opened by applying centrifugal force or gravity to the blade as per the CITT decision. If this is the case, these knives would fall within the definition of a prohibited weapon, and could be prohibited under TI 9898.00.00 unless an exemption in that TI applies. The jurisprudence has stated that in such cases, it is the capability and not the design of the knife that will determine whether it is a prohibited weapon. In some cases, knives are also designed to open automatically with centrifugal force as per the CITT decision and, therefore, would also be considered prohibited.


Not all pocket knives are considered to be prohibited weapons. Each importation of a knife is evaluated on a case‑by‑case basis in order to determine its classification.


The CBSA applies the provisions of the Criminal Codewhen determining whether certain weapons can be imported into Canada. An amendment and repeal ofCriminal Code provisions falls under the purview of the Department of Justice. I am therefore forwarding a copy of your correspondence to my colleague, the Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, for information and consideration.


Thank you again for your correspondence.
 
It's the capability of the knife and not the design!!!Are f-in kidding me!!! Sounds to me like a lot more then flippers are going to start being seized!
This CBSA BS is getting out of control!
 
So I just received emails from both CBSA and my local MP Ralph Goodale who is Minister of public safety.

Both replies were identical, word for word.

"The Canada Border Services Agency (CBSA) is responsible for effectively controlling the movement of weapons in order to ensure compliance with existing laws, regulations, and orders. The importation of goods listed in Tariff Item (TI) 9898.00.00 is prohibited unless an exemption in that tariff applies. Prohibited weapons are listed in TI 9898.00.00. According to the Criminal Code – subsection 84(1), prohibited weapons are defined as:

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; or

b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon.

A CITT decision Appeal No. AP-2017-012, T. LaPlante v. President of the CBSA regarding knives which open automatically by centrifugal force, was rendered on November 16, 2017. The statement of reasons of the CITT decision is explained in the decision document Appeal No. AP-2017-012.

The CITT decision determined that a centrifugal knife is one that has a blade that opens automatically by centrifugal force when the blade is released from the handle into the fully ejected and locked position with a simple and brisk outwardly flick of the wrist. It includes knives that require some preliminary or simultaneous minimal manipulation of either a flipper or other non-edged parts of the blade.

There are also situations when folding, assisted-opening, spring-assisted and ball bearing knives may be considered a prohibited weapon, if the blade, through wear and tear or alteration, can be fully opened by applying centrifugal force or gravity to the blade as per the CITT decision. If this is the case, these knives would fall within the definition of a prohibited weapon, and could be prohibited under TI 9898.00.00 unless an exemption in that TI applies. The jurisprudence has stated that in such cases, it is the capability and not the design of the knife that will determine whether or not it is a prohibited weapon. In some cases, knives are also designed to open automatically with centrifugal force as per the CITT decision and therefore would also be considered prohibited.

Not all folding knives are considered to be a prohibited weapon. Each importation of a knife will be evaluated on a case by case basis in order to determine its classification.

The CBSA applies the provisions of the Criminal Code when determining whether certain weapons can be imported into Canada. An amendment and repeal of Criminal Code provisions falls under the purview of the Department of Justice."


Goodale did say that he would forward my email to the Minister of Justice Jody Wison-Raybould who is apparently the person to whom our attempts at change should be directed
 
I SIGNED THE PETITION!

I hope all Canadians here on BF do the same. I am going to send this to friends/family/coworkers who are into knives.
 
I signed the petition. I also got the same word for word email response that has been copy pasted by our representatives. Makes me a little sad.
 
I haven't seen this on here yet, so here it is:

https://www.gofundme.com/canadian-knife-rights-law-suit

A lawyer in the Toronto area has proposed to start legal action to have the import ban suspended in the short term, and have the Criminal Code clarified in the long term. She has been backed by KnifeNews:

http://knifenews.com/attorney-asks-...onstitutional-challenge-to-knife-legislation/

The best part is that you don't have to be Canadian to get on board. If you're from outside the country, just think of it this way: like hunting/fishing/hiking/camping in Canada's great outdoors? Don't want your folding knife you're bringing along to be seized? Support!
 
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