I had mine confiscated & am in the process of taking the officers to court to get it back. I am attaching the emails that I sent and received from the officer (here in Abbotsford). Hope this helps out anyone else :
Hi Constable T,
I'm not sure if you received my previous emails ; so I will repeat what was sent in them . I know that you are aware that Constable Moore confiscated my stun baton , citing that it was a prohibited weapon. I explained to him that in the 2016 Martins Annual Criminal Code(Canada law book) that on page 183, section 84 , FORMER Prohibited weapons order Part 3 , number 6 STATES :
- 6 Any device that is designed to be capable of injuring, immobilizing or incapacitating a person or an animal by discharging an electrical charge produced by means of the amplification or accumulation of the electrical current generated by a battery, where the device is designed or altered so that the electrical charge may be discharged when the device is of a length of less than 480 mm, and any similar device..
Even with this information , Constable Moore insisted that I was wrong & he would advise you & let me know his findings. I then received a phone call from Cst. Moore citing that you had confirmed that the stun baton was indeed a prohibited weapon. I have since checked with the R.C.M.P. & again with the current criminal Code & find both of you incorrect. Since then I have contacted Legal counsel & have been advised that neither you or Constable Moore have filed a 5.2 with the Provincial court of Abbotsford. I am hoping that you can admit your mistake & return my baton (in good working order) to avoid me having to proceed with further legal action.
Thank you , T M cell
P.S. The links below are to the site that I purchased the baton & the on line version of the criminal code. I also supplied you a copy of the information in this email & the dimensions of the baton in your mail slot at the Abbotsford Police department..
http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-462/FullText.html
https://www.canadaammo.com/product/detail/the-incredible-stun-baton/
https://www.canadaammo.com/product/detail/the-arc-angel-stun-cane/
His responce:
Hello Mr M,
On May 3rd, 2016 Cst Quaglia of the APD, a court expert with respect to non firearm prohibited weapons inspected the said weapon seized from you by Cst Moore on April 4th 2016. The seized weapon in question was a stun baton flashlight.
Cst Quaglia provided a detailed written report; as a result of that report which cited excertpts of Legislation from the Criminal Code of Canada and open source information, his expert opinion based on his training and knowledge of Canadian Law with respect to non firearm prohibited weapons backed by his Court appointed "expert" designation, Cst Quaglia has determined the stun baton flashlight a prohibited weapon by definition of the Criminal Code of Canada.
As you are most likely aware, anyone found in possession of a prohibited weapon in Canada is subject to arrest for several different criminal offences based on why it is in ones possession and why it was intended to be used or was used.
Based upon the findings of Cst Quaglia, the stun baton flashlight will not be returned to you. The prohibited weapon will be retained by the APD for training and educational purposes to educate other police officers in the effort to continue to keep and maintain our community safety commitment.
As per APD policy, I am not able to provide you with a copy of Cst Quaglia's report. If you should require a copy of that report you will need to apply for it through the Freedom Of Information Act (FOI). The APD front counter staff will be more than happy to assist you in that matter if required.
Thank you for your understanding.
With respect;
Cst C T
Abbotsford Police
Thanks for your fairly quick response,
but you still leave me with unanswered question. How do I get a copy of Cst Quaglia report ? Are you then going to put a stop to the importer of said devise ? If I go and purchase the stun/flashlight walking cane , is it also a prohibited devise? If I were to be in possession of a cattle prod , is that a prohibited device. It looks as though you are leaving me with no choice but to seek legal counsel on these matters & to proceed as needed.
Thanks, T
Hi T,
I answered your question with respect to obtaining a copy of the report, you can apply for it through the FOI. With respect to the putting a stop to importing the device, that is a question you will have to ask CBSA and other government entities. As far as the other devices you mentioned, that would need to be investigated should one be seized from anyone and again an expert opinion would need to be sought.
Please keep in mind that anything can be purchased on the internet from anywhere. The buyer of any item(s) must ensure that they conform with our Canadian laws and regulations if they are being brought into this country.
Cst T
Abbotsford Police
