4.9 Avg of 80 reviews
In a world that often feels unsafe, the decision to carry pepper spray as self-defence can easily be seen as a sensible precaution since it only temporarily disables an attacker.
However, in Canada, pepper spray is classified as a prohibited weapon under the Firearms Act, which forms part of the Criminal Code of Canada. This means that owning and carrying pepper spray is only allowed under very specific (and strict!) conditions. One is the requirement to register for a Possession and Acquisition Licence (PAL).
If you're found carrying pepper spray without a PAL, you can face serious consequences, including fines, imprisonment, and a criminal record. The severity of the punishment you will receive depends on the circumstances of the offense and your criminal history.
While pepper spray may seem like a useful tool for self-defense, you have to follow the proper legal procedures and ensure that you’re using it safely and responsibly.
Because pepper spray is considered a prohibited weapon, Canadian law does not allow anyone to possess or carry pepper spray. Pepper spray may also not be produced or sold in Canada.
As mentioned above, there's an exception to this rule — if you obtain a PA from the Royal Canadian Mounted Police. This option is only available in certain provinces, and you will have to pass a background check, finish a safety course, and meet other stringent criteria.
When we talk about pepper spray, we're casting a wide net. It includes:
Simply put, if it can harm or restrict someone's ability to move or react, it falls under the legal definition of pepper spray.
If you infringe upon these laws, it can lead to severe consequences, including:
The severity of the penalty often depends on the circumstances of the offense. For example, whether the pepper spray was used or intended for use in a crime. In addition, it will also depend on whether the Crown proceeds summarily or by indictment.
It's crucial to understand these risks before deciding to carry such items.
The main difference between bear spray and pepper spray lies in their intended use and concentration of the active ingredient, oleoresin capsicum.
Bear spray (also known as bear mace) is designed to project the chemical up to 10 meters so that the user can deter aggressive bears, while pepper spray is for personal defense against humans.
In Canada, bear spray is legal to own and possess. It's specifically sold for use in the wilderness, where you might cross paths with a bear while hiking or engaged in hunting activities. Pepper spray has a different legal status. It’s considered a prohibited weapon in Canada, meaning you can't buy it at your local store.
However, if you use bear spray with the purpose of harming another individual, it would be considered a prohibited weapon. This is illegal in Canada, and you could face charges for possession of a prohibited weapon under section 92 (1) of the Criminal Code. Other charges could include assault with a weapon.
Understanding these differences is crucial to avoid any legal complications.
In the Canadian legal system, the classification and handling of weapons are regulated with a clear set of rules. For purposes of these rules, pepper spray is considered a weapon.
It is important that you familiarize yourself with these classifications and handle all weapons, including pepper spray, within the confines of the law.
Pepper spray is prohibited under the Firearms Act and falls under the category of prohibited weapons listed in the Canadian Criminal Code. This means it's illegal for you to own, make, sell, or even use it in Canada.
As already mentioned, possessing or carrying mace is a criminal offense in Canada. It is classified with the other types of possession offenses outlined in sections 88 to 91 of the Criminal Code.
The law takes a firm stand on the possession of pepper spray. If you are caught in possession of pepper spray, you can be charged with a criminal offense and could face a maximum 10-year prison sentence or a fine of up to $5,000. You will also end up with a criminal record that could negatively impact your future.
In Canada, the law is clear: if you're found with a weapon that could harm others or for any unlawful reasons, you're committing an offense. Pepper spray is seen as such a weapon. This means that if you are caught carrying pepper spray, you could be looking at criminal charges.
The extent of the punishment you might face depends on the gravity of your case. The Crown can choose to deal with it in two ways: summarily, which is less severe, or by indictment, which is more serious and could lead to harsher penalties.
In the most extreme cases, the penalty can be as big as ten years in prison. So, it's absolutely vital for you to understand the gravity of these laws and to steer clear of carrying items like pepper spray.
Section 89(1) of the Criminal Code makes it an offense for any individual to carry, without lawful reason, a prohibited weapon, prohibited device, ammunition, or prohibited ammunition while attending or on the way to attend a public meeting.
Because pepper spray is a prohibited weapon, carrying it in public is illegal. This means if you're found with pepper spray at a public meeting or even on your way to one, you're breaking the law.
The prosecution for such offenses is typically handled summarily, which means it's a less severe process but still carries significant consequences. The penalties can range from a fine to imprisonment for up to two years, or in some cases, both.
Carrying a concealed weapon is a serious crime in Canada, and pepper spray falls under this category. Even though it might seem harmless, if you're carrying it hidden — meaning it's not visible without searching your belongings — it's still considered a weapon.
Under the Criminal Code, carrying any weapon without authorization from the Firearms Act is illegal. The penalty can be quite severe if you're caught with concealed pepper spray. You could face anything from fines to up to five years in prison, depending on how the Crown proceeds.
In Canada, mace — a form of tear gas — is considered a prohibited weapon. You could face severe repercussions if you have it without the right license. If you're caught with mace and don't have a valid permit, you'll be prosecuted under section 91(2) of the Criminal Code. This section states that unauthorized possession of a prohibited or restricted weapon could land you up to five years in prison.
It's crucial to understand that even if you've bought mace legally, you must still use it within the law's bounds. For instance, if you're carrying mace while intoxicated or using it on someone without their consent, you're committing an offense. Also, it's illegal to have mace in certain places like schools, bars, and other public areas where children might be present.
There is one exception to the pepper spray legislation in Canada. According to Canada's Pest Control Product Act, sprays designed for use on pests are legal in Canada. The term "pest" includes an animal that is injurious, noxious, and troublesome. However, pepper spray does not fit under this exception.
Based on this definition, bear spray fits easily into the category of pest-control products, which are legal in Canada. Even so, if you are caught with bear spray in an area not associated with bears or wildlife, you can still be charged with the criminal offense of possessing or carrying a weapon.
It's always a good idea to check your local regulations before you buy, carry, or use any kind of pepper spray product. In fact, by getting a handle on the laws and rules around bear spray in Canada and making sure you use your mace responsibly, you can protect yourself from potential legal issues.
If you have been charged with a weapons offense in Canada, it is important to take the situation seriously and seek legal advice from an experienced criminal defense lawyer. The penalties for weapons offenses in Canada are severe, and a conviction can have a significant impact on your future.
If you, or someone you know, have been charged with a criminal offense for carrying pepper spray or any other criminal offense, obtaining legal representation is vital. The team at Pyzer Criminal Lawyers, Ontario specialize in weapons charges and can provide you with expert defense to protect your rights. We can help you understand the charges, the potential consequences, and we have many years of experience formulating the best strategies for your defense.
No, it is illegal to bring pepper spray into Canada from the United States. Pepper spray is listed as a prohibited weapon under the Criminal Code. If you're caught at the Canadian border with pepper spray, there could be serious consequences. These might include penalties, potentially even jail time, and a criminal record. If found guilty, you could be facing an indictable offense with potential jail time of up to 10 years.
Pepper spray falls under subsection B of the Firearm Act, categorizing it as an illegal weapon. That means manufacturing, selling, or using any kind of spray that aligns with this definition is considered a criminal offense — even homemade pepper spray.
When pepper spray is used on someone, it can cause physical injuries and create immediate and potent effects including:
The consequences of using pepper spray on someone else, even in self-defense, can be severe. If caught, you could face legal consequences, including fines or imprisonment. This is because pepper spray is on the list of prohibited weapons, and using it against someone else would be classified as assault under the Criminal Code.
In Canada, the law around self-defense tools is quite strict. The possession and use of many items typically considered as self-defense tools are prohibited due to their classification as weapons. Even though the justice minister of Alberta made a request to the federal government to ask for changes to the Criminal Code to allow people to carry pepper spray for self-defense, the request was denied.
However, there are other options available to you for security and protection. Some of the self-defense items that you can legally carry in Canada include dog sprays, personal safety alarms, self-defense keychains, safety whistles, and flashlights.
It's important to note that while these items are legal, their use must be appropriate and proportional to the threat faced. Misuse can still lead to criminal charges.
If you have been accused of possessing, trafficking or importing cocaine, meth, heroin, magic mushrooms, LSD, or any other substance listed in the Controlled Drugs and Substances Act (CDSA), you need competent guidance and legal representation. The amount of jail time an individual will face if found guilty of a drug offence varies from a small fine, or life in prison and a large fine. The lawyers at Pyzer Criminal Lawyers are experts in understanding drug offences, defences, and sentences. Contact us today to help you navigate any charges against you.
Drug possession offences are dictated by the CDSA. Possession, however, is defined by the Criminal Code. With respect to the Criminal Code, an individual is considered to be in possession of narcotics or substances in any of the following circumstances:
Therefore, if an individual is charged with possession of a narcotic or substance, the Crown is required to prove the following elements of the offence in front of a judge or jury:
The CDSA prohibits a wide range of controlled substances that are categorized into different schedules. The punishment for drug offences will depend on which schedule it falls into.
Full list of Schedule I substances in the Controlled Drugs and Substances Act
Full list of Schedule II substances in the Controlled Drugs and Substances Act
Full list of Schedule III substances in the Controlled Drugs and Substances Act
Full list of Schedule IV substances in the Controlled Drugs and Substances Act
Schedule V drugs have been repealed.
Full list of Schedule VI substances in the Controlled Drugs and Substances Act
Drug possession are hybrid offences. This means that when an accused is charged with the possession of a scheduled drug, the Crown can proceed to prosecute the accused by way of indictment or summary conviction. Typically, the Crown proceeds to prosecute by way of indictment when the circumstances of the offence are more serious. For example, factors include the quantity and type of drugs possessed, and whether the accused has previous drug charges or convictions. The punishment for indictable offences is more severe than punishments for summary convictions.
The CDSA prohibits individuals from possessing a substance included in Schedule I, II, III or IV. The sentence a defendant will face if found guilty of possessing scheduled drugs will be different depending on the scheduled category of the drug, and whether the Crown proceeds by way of indictment or summary conviction. The following table lists the sentences for possessing scheduled drugs:
Possession of | Indictable Offence | Summary Conviction | CDSA Offence |
Imprisonment not exceeding seven years. |
• For a first offence: a fine not exceeding $1,000 or imprisonment not exceeding six months, or both; and • For a subsequent offence: a fine not exceeding two thousand dollars or imprisonment not exceeding one year, or both. | ||
Imprisonment not exceeding five years less a day. |
• For a first offence: a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both, and • For a subsequent offence: to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year, or to both. | Section 4(4) | |
Imprisonment not exceeding three years. |
• For a first offence: a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both, and • For a subsequent offence: to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year, or to both. | Section 4(6) |
Under the CDSA offence of possession, individuals are also prohibited from seeking or obtaining a substance included in Schedule I, II, III, or IV, or from seeking and obtaining an authorization to obtain a substance included in Schedule I, II, III, or IV.
Schedule | Indictable Offence | Summary Conviction | CDSA Offence |
Imprisonment not exceeding seven years. |
• For a first offence: a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both, and • For subsequent offence: to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year, or to both. | ||
Imprisonment not exceeding five years less a day. | Same summary conviction punishment as Schedule I. | ||
Imprisonment not exceeding three years. | Same summary conviction punishment as Schedule I. | ||
Imprisonment not exceeding eighteen months. | Same summary conviction punishment as Schedule I. |
Under the CDSA, a person will not be charged for possession under certain circumstances. However, drug charges are often complex and involve multiple Charterissues, such as the freedom from unreasonable search and seizure, and freedom from arbitrary detention or imprisonment. An experienced criminal lawyer at Pyzer Criminal Lawyers will help you navigate the legal realm of possession, and determine whether a legal defence of exemption can be considered for your case.
Under sections 4.1(2), (3), and (4) of the CDSA, an individual can be exempt from being charged with possession of a scheduled narcotic or substance if any of the following apply:
The CDSA defines trafficking, in respect of a substance classified in Schedule I to V as:
An exchange of money is not required for the completion of a trafficking offence. Therefore, an accused can be found guilty of trafficking if they transferred a scheduled substance, or even gifted drugs to another person.
There are two offences under the CDSA involving trafficking. First, no person shall traffic in a substance included in Schedule I, II, III, or IV, or any substance represented or held out by that person to be such a substance. Second, no person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, or IV.
Trafficking drugs is more serious than possessing drugs. Therefore, not all trafficking offences are hybrid offences and many contain mandatory minimum sentences.
Trafficking of | Indictable Offence | Summary Conviction | CDSA Offence |
| Liable to imprisonment for life, and • (i) to a minimum punishment of imprisonment for a term of one-year if: (A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code, (B) the person used or threatened to use violence in committing the offence, (C) the person carried, used or threatened to use a weapon in committing the offence, or (D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or • (ii) to a minimum punishment of imprisonment for a term of two years if (A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or (C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence. | |||
Imprisonment not exceeding ten years. | Imprisonment not exceeding eighteen months. | ||
Imprisonment not exceeding three years. | Imprisonment not exceeding one year. |
Offence | Indictable Offence | Summary Conviction | CDSA Offence |
Importing and exporting a substance included in Schedule I or II if the substance is less than one kilogram |
Liable to imprisonment for life, and to a minimum punishment of one year if: • if the offence is committed for the purposes of trafficking, • the person, while committing the offence, abused a position of trust or authority, or • the person had access to an area that is restricted to authorized persons and used that access to commit the offence | ||
Importing and exporting a substance included in Schedule I if the substance is more than one kilogram | Liable to imprisonment for life, and to a minimum punishment of imprisonment for two years. | Section 6(3)(a.1) | |
Importing and exporting a substance included in Schedule III, V, or VI | Imprisonment not exceeding ten years. | Imprisonment not exceeding eighteen months. | Section 6(3)(b) |
Importing and exporting a substance included in Schedule IV | Imprisonment not exceeding three years. | Imprisonment not exceeding one year. | Section 6(3)(c) |
Possession for the purpose of exporting a substance included in Schedule I or II if the substance is less than one kilogram |
Liable to imprisonment for life, and to a minimum punishment of one year if: • offence is committed for the purposes of trafficking, • the person, while committing the offence, abused a position of trust or authority, or • the person had access to an area that is restricted to authorized persons and used that access to commit the offence | ||
Possession for the purpose of exporting a substance included in Schedule I if the substance is more than one kilogram | Imprisonment for life, and to a minimum punishment of imprisonment for two years. | Section 6(3)(a.1) | |
Possession for the purpose of exporting a substance included in Schedule III, V, or VI | Imprisonment not exceeding ten years. | Imprisonment not exceeding eighteen months. | Section 6(3)(b) |
Possession for the purpose of exporting a substance included in Schedule IV | Imprisonment not exceeding three years. | Imprisonment not exceeding one year. | Section 6(3)(c) |
Production of substance included in Schedule I |
Imprisonment for life and to a minimum punishment of imprisonment for three years if any of the following from section 7(3) apply:
If any other case and if none of the above apply, imprisonment for two years. | ||
Production of substance included in Schedule II |
Imprisonment for life, and to a minimum punishment of imprisonment: (i) for a term of one year if the production is for the purpose of trafficking, or (ii) for a term of eighteen months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply (see above for factors in section 7 (3)). | Section 7(2)(a.1) | |
Production of substance included in Schedule III or V | Imprisonment not exceeding ten years. | Imprisonment not exceeding eighteen months. | Section 7(2)(c) |
Production of substance included in Schedule IV | Imprisonment not exceeding three years. | Imprisonment not exceeding one year. | Section 7(2)(d) |
Possession, sale, etc., for use in production of or trafficking in substance in Schedule I, II, III, or V | Imprisonment not exceeding ten years. | Imprisonment not exceeding eighteen months | Section 7.1(2)(a) |
Possession, sale, etc., for use in production of or trafficking in substance in Schedule IV | Imprisonment not exceeding three years. | Imprisonment not exceeding one year. | 7.1(2)(b) |
Several drug offences under the CDSA have a minimum punishment. As of February 2021, however, the Minister of Justice introduced proposed amendments to the Criminal Code and the Controlled Drugs and Substances Act to repeal mandatory minimum penalties. Although the amendments will likely repeal minimum sentences in the CDSA, minimum sentences remain until the amendments are accepted.
Therefore, if a drug offence punishment does not list a mandatory minimum sentence, section 10(2) of the CDSA lists aggravating factors for the court to take into consideration while sentencing an offender:
Aggravating factors are considered by the judge during sentencing and increase the accused’s sentence. Mitigating factors, on the other hand, are circumstances the judge considers that reduce the accused’s sentence.
Under section 10(4) of the CDSA, the court has discretion to delay an accused’s sentencing under two circumstances. First, to enable the offender to participate in a drug treatment court program, or, second, to attend a treatment program under subsection 720(2) of the Criminal Code. Additionally, if an offender successfully completes a drug treatment court program, the court is not required to impose the minimum punishment for the offence for which the person was convicted.
In order to search your home for drugs, law enforcement must have a warrant. The search that ensues will be considered reasonable if it is authorized by law, that the law itself is reasonable, and the manner in which law enforcement carried out the search was reasonable.
A recent case from the Ontario Superior Court of Justice, R v Aisevho, re-stated the common law standard for the issuance of a search warrant:
…is that there are reasonable and probable grounds to believe that an offence has been committed and that there is evidence of that offence to be found at the place to be searched… The question is whether there are sufficient credible and reliable evidence to permit a justice of the peace to find reasonable and probable grounds to believe that an offence had been committed and that evidence of that offence would be found at the specific time and place. R v Aisevho 2021 ONSC 5116 at 57.
The Supreme Court in R v Morelli established what reasonable and probable grounds means in the context of a search warrant: “’reasonable and probable grounds’ means a ‘credibly based probability’ and does not mean proof beyond a reasonable doubt or even a prima facie case.”
The court in R v Aisevho defined the standard further, stating:
A credibly based probability requires that the grounds provided demonstrate a probability, as opposed to a suspicion, that the relevant facts could be true, and assuming the information to be true, that there are reasonable grounds to believe that the information relied upon is credible enough to support a conclusion that there is a reasonable probability that the relevant facts exist.
Drug related offences in Canada are complex. If you are being investigated or have been charged for a drug or other criminal offence, a conviction can permanently alter and obstruct your entire life. Contact us at Pyzer Criminal Lawyers who are experts at fighting all criminal offences to fight your charges.
