ok. just reading the thread has given me the creeps as to what the cops can do with their interpretation for the law. just imagine what would happen if someone was actually to use it in a self defence situation....this is honestly quite terrifying, as you are technically not allowed to defend yourself unless you carry a body cam with you 24/7 to record exactly what happened so you can prove your innocence in court.....so here is a sort of off topic question....what are you legaly allowed to have to protect yourself from a threat? (if you had to knock someone out with your fists because they are a potential harm....do you get your hands cut off and confiscated? lol...well actually its no joking matter...).
First of, police can accuse you of anything they want. Doesn't mean it'll stick into a court of law. That's why we have due process in this country. Keep that in mind when you see on the news that someone has been accused of terrorism and will be punished without anything resembling a trial.
Second, this is the criminal side of justice. The civil side really is the same thing. You can sue anyone for damages for any reason. You don't like that my eyes are blue? You can sue me for damages. You're definitely gonna lose, and probably end up paying both of our lawyers, but you'll have your day in court.
What's both funny and tragic in this case is that the police corps that seized the stun baton is either completely incompetent or are acting in bad faith. It's obvious that a visit into a court would end up with a judge taking out a measuring tape, measuring the thing, and then shaming the cops for being too dumb to just measure the damn thing. The only way out for the cops would be to prove that it can be discharged when its length is less than 480mm (for example, if it can be separated into 2 parts but you can still discharge it when separated), which I guess isn't possible. The real problem is the cost of all that procedure, which is much much more than the 40$ this stun baton goes for.
The only leverage the OP has got is to file a deontology complain agaisnt the 2 officers: the one who seized the property and the alleged expert. That's very little leverage, considering that unless they get their asses kicked by a judge in a courtroom, they've done nothing wrong. Other than that, I guess sending a letter to the "expert" explaining that this damn baton is not prohibited, with a copy of the law, highlighting the "less than 480mm" with a pink marker is doable and would cost only a stamp. But that's betting on a cops being reasonnable and admitting that he's been wrong all along. You have better chance winning the lottery.
Simply ordering a new baton is the option I would personnaly choose. And also never spending a dime in abbotsford, I'd consider moving if I lived there. When cops resort to facism, it's time to get out of dodge.
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