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