- Location
- Planet WTF
Petition to stop the CBSA from stealing your folding Knives!
- Thread starter WanstallsOnline
- Start date
TMO
Member
- Location
- Chilliwack
Signed!
Nothing to do with the criminal code…. What a wildly inappropriate answer. I wonder what then is their "directorate" based upon? How else do you seize an individuals personal property, or an inventory belonging to a business based on a personal agenda as opposed to an actual federal law? How does this stand at all?
- Location
- Planet WTF
It stands because they have guns to enforce that stance, no matter it's legitimacy... Exactly like taxation, it's 100% theft, but it's accepted because the government will use lethal force to enforce it.
- Location
- Behind a large rock
If you want you can email it to me and I’ll post it...
uel1780
Member
- Location
- Belleville ON
Thought this crap got settled back in 2007, June 28th. In Oshawa, Judge D. Halikowski [sp] ruled in knife importer's favour with regard to "assisted-opening" v. switchblade. Simple case really; push on button=switchblade.....push on blade=AO and legal
uel1780
Member
- Location
- Belleville ON
Found the Case:
Oshawa, Ontario, Canada (June 28, 2007) – An Ontario Court of Justice ruled favorably on behalf of a retailer defendant cited for selling banned “weapons” when he sold assisted-opening knives from Kershaw and others.
In this Canadian case, Justice D. J. Halikowski states, in part,
“The case law is this area is well settled. A knife being an instrument that is universally used for utilitarian, peaceful purposes, is not prima facie designed to be used as a weapon notwithstanding that a knife, like a multitude of other things such as baseball bats, hatchets, or ice picks, can on occasion be used effectively in fighting aggressively or defensively.”
And this …
“When interpreting the governing legislation in cases where a citizen’s liberty or property may be jeopardized by state intervention, a strict and ordinary reading and interpretation of that legislation is necessary to ensure that the public can understand and predict with a high degree of certainty what is expected of it in the conduct of its day-to-day personal and business affairs.”
Finally, in declaring that the assisted openers were wrongly seized, the judge states they … “can be described as knives which can be opened with one hand by applying pressure with one’s thumb or finger onto a metal stud located on or integral to the blade. Once this pressure moves the blade into a position about 20 degrees from the handle, a spring device accelerates the blade forward until it locks in the open position. Again, the question remains as to whether or not this means of opening the device falls within the prohibitive definition under s. 84 (1) of the Code.”
“The Court finds that it does not. On an ordinary reading of the legislation the blade does not open automatically by gravity or centrifugal force. Hand pressure is applied to a device on or integral to the blade. Hand pressure is not applied to a device in the handle or on it. Nor is pressure applied to a spring. If anything, pressure is released from the spring in these devices once it is operated. The legislation as presently in force and restrictively interpreted does not prohibit the possession of these devices.”
Judgment rendered on June 28, 2007, at Oshawa, Ontario, Canada.
Oshawa, Ontario, Canada (June 28, 2007) – An Ontario Court of Justice ruled favorably on behalf of a retailer defendant cited for selling banned “weapons” when he sold assisted-opening knives from Kershaw and others.
In this Canadian case, Justice D. J. Halikowski states, in part,
“The case law is this area is well settled. A knife being an instrument that is universally used for utilitarian, peaceful purposes, is not prima facie designed to be used as a weapon notwithstanding that a knife, like a multitude of other things such as baseball bats, hatchets, or ice picks, can on occasion be used effectively in fighting aggressively or defensively.”
And this …
“When interpreting the governing legislation in cases where a citizen’s liberty or property may be jeopardized by state intervention, a strict and ordinary reading and interpretation of that legislation is necessary to ensure that the public can understand and predict with a high degree of certainty what is expected of it in the conduct of its day-to-day personal and business affairs.”
Finally, in declaring that the assisted openers were wrongly seized, the judge states they … “can be described as knives which can be opened with one hand by applying pressure with one’s thumb or finger onto a metal stud located on or integral to the blade. Once this pressure moves the blade into a position about 20 degrees from the handle, a spring device accelerates the blade forward until it locks in the open position. Again, the question remains as to whether or not this means of opening the device falls within the prohibitive definition under s. 84 (1) of the Code.”
“The Court finds that it does not. On an ordinary reading of the legislation the blade does not open automatically by gravity or centrifugal force. Hand pressure is applied to a device on or integral to the blade. Hand pressure is not applied to a device in the handle or on it. Nor is pressure applied to a spring. If anything, pressure is released from the spring in these devices once it is operated. The legislation as presently in force and restrictively interpreted does not prohibit the possession of these devices.”
Judgment rendered on June 28, 2007, at Oshawa, Ontario, Canada.
Lungorthin
Regular
- Location
- Calgary, AB
jckstrthmghty
Regular
- Location
- S Ont
for whatever it's worth I signed
Lungorthin
Regular
- Location
- Calgary, AB
Well.. here we go..
ColloidalSilverbackApe
New member
- Location
- 53.5444° N, 113.4909° W
Signed, thanks for bringing this up. Were slowly moving towards complete dictatorship, this is such a joke.
I received an email from the lawyer involved on May 22, 2018 that the draft application, factum and affidavit has been completed.
- Location
- Banana Republik of Kebekistan
Signed.
Well I thought this was a rumor/joke when someone said something about thumb studs being banned months ago, didn't think anything of it...Now I understand what they were talking about.
Forgot about it and without even thinking, I put in a knife order which is now being reviewed by customs. (Benchmade 940 and a Ganzo beater knife, real baby killers) Great.
I see a bunch of things have been filed back in May from the Lawyer fighting it, any updates in the last month?
Forgot about it and without even thinking, I put in a knife order which is now being reviewed by customs. (Benchmade 940 and a Ganzo beater knife, real baby killers) Great.
I see a bunch of things have been filed back in May from the Lawyer fighting it, any updates in the last month?
- Location
- Peawanuck, ON
So what happens if your shipment gets refused because it is prohibited?
Do they seize and destroy the knives?
Can you still import them and sell them to military or law enforcement? Is there a permit you can get to carry prohibited knives?
Are the knives simply returned to the supplier and you are refunded your money?
So many questions I know.
To answer your question it appears the only options are one of the following:
Appeal (not much hope there if you've ever done it before)
Find a broker to send it to the US or back to sender (which will cost you money to send a prohibited weapon now, so unless its a few hundred dollar item probably not worth it)
Destroy it.
Last edited:
RifleGirl1986
CGN frequent flyer
- Location
- Southern Ontario
Signed
