Can someone legally carry pepper spray? A lot of people nowadays find themselves wondering about the laws of self-defence in Canada. They turn to the internet to find out about the best legal ways to defend themselves if they should ever encounter a threatening or violent situation on the streets of Canadian cities from coast to coast.

A lot of questions surround firearm ownership and the carrying of concealed knives, for instance. But less-lethal options, such as tasers, mace and pepper spray may be more appealing than possibly having to shoot or stab someone. So the question is: Can you legally carry pepper spray in Canada?

Under the Criminal Code of Canada, as part of the Firearms Act, pepper spray is classified as a prohibited weapon along with mace and tear gas and any other substance or device that is designed to injure, immobilize, or incapacitate another person.

Where does self-defence come into it? You want to avoid criminal charges.

Using Tasers and Stun Guns

In this respect, carrying pepper spray and using it to defend yourself carries the same potential punishment as using anything as a weapon during a violent confrontation, which is up to 10 years in prison. While the Criminal Code has a broad restriction on the use and carrying of anything that can cause injury or death, pepper spray was first prohibited in Canada in 1995.

Canada’s strict firearm ownership laws aside, the country has had a longstanding prohibition on carrying weapons for self-defence, including powder, liquid, or gaseous sprays like pepper spray or chemical agents such as mace. This broad prohibition means pepper spray designed to be used on humans can’t be produced or imported into Canada, other than for members of law enforcement. The same goes for conductive electrical weapons such as Tasers and stun guns.

Using Pepper Spray

But when it comes to the use of pepper spray, also known as oleoresin capsicum spray, in Canada, the prohibition only applies to the substance if it’s meant to be used on other human beings. Dog spray and bear spray, for example, are perfectly legal but only if used on bears or dogs.

The moment someone uses dog or bear spray on another person, however, the lawfulness of those substances is immaterial since they were used against their intended purpose of defending against animal attacks. But even though you can buy bear and dog attack repellent spray at Canadian Tire, that doesn’t mean you can carry it around for self-defence against human attackers.

Animal sprays

If you want to use animal sprays for self-defence against a person, you need to be legally allowed to carry the aerosol can in the first place.

You should do some serious research before buying some type of weapon (bear mace, canisters, handgun, or other types of irritant) for self-defence against a person. The laws are very complex.

You can never use an offensive weapon. You can’t buy spray devices and then go looking for someone. It’s only legal for self-defence purposes.

Vancouver Police Answer If You Can Legally Carry Pepper Spray

In the summer of 2020, for instance, the Vancouver Police Department tweeted about how bear spray had been used in a number of assaults in the city, averaging half a dozen calls a day about pepper spray incidents at the time.

Another Twitter user then asked, “Is bear spray legal to carry in BC?” The Vancouver Police Department clarified that bear spray was indeed legal in British Columbia, saying it made sense to carry on a hike in the mountains, whereas taking to a restaurant while having a meal wouldn’t make sense.

In other words, bear spray as a substance itself is legal, but if you’re found carrying it in a place where there are no bears, you’d likely have it seized and even be arrested for carrying a concealed weapon unless you had a good explanation for why you’re carrying it in an urban area. The prohibition on pepper spray in Canada, though, has been a cause for confusion among hunters who travel to the country in search of game.

Notorious Canadian Legal Cases Involving Pepper Spray

Canadian law, as regards self-defence tools, especially pepper spray, has always been an area fraught with ambiguity. Though technically pepper spray falls under the category of “prohibited weapons,” there have been high-profile legal cases that created media frenzies and invoked public discourse on the matter. Here are some that stand out:

The “Vancouver Woman Incident” (2001): This incident is one of the most remembered in the annals of Canadian pepper spray controversies. A Vancouver woman, ostensibly fearing a rise in the neighbourhood crime rate, purchased a canister of pepper spray for self-defence.

When she used it on an individual she deemed a threat, the act was condemned by the law enforcement community, and she was charged with possession of a prohibited weapon. The ensuing trial, often portrayed in the media as “the individual versus the state,” triggered the widespread debate on the boundaries of self-defence.

The case concluded with the woman receiving a suspended sentence and a criminal record, leading to calls for reforms in the law governing self-defence tools.

The “Toronto Subway Case” (2007)

This case revolved around a Toronto resident who used pepper spray in a crowded subway to fend off a group he claimed was harassing him. The resultant chaos led to multiple people being affected by the pepper spray, requiring medical attention. Consequently, the resident was charged not only with possession of a prohibited weapon but also with assault and causing a public disturbance.

The case received significant media attention due to the broad implications of the incident, as it highlighted the potential dangers of using pepper spray in crowded public places. The defendant was found guilty, with the verdict reinforcing the need for restraint and responsibility when considering self-defence options.

The “Calgary Jogger Incident” (2015)

In this widely publicized case, a Calgary woman jogger, fearing a potential coyote attack, sprayed an unleashed dog approaching her with pepper spray. She was subsequently charged with causing unnecessary suffering to an animal. However, the woman’s lawyers argued that the pepper spray was a dog repellent, which is a legal substance in Canada, leading to a high-profile court battle.

The case stirred intense discussions around the fine line between self-defence and causing unnecessary harm. The court finally ruled in favour of the jogger, citing a lack of evidence to prove it was indeed prohibited pepper spray.

The “Montreal Protestor Case” (2019)

The legal case of a Montreal protestor who used pepper spray against the police during a demonstration gained considerable media coverage. The protestor was charged with assaulting a police officer and possession of a prohibited weapon. The case’s extensive publicity underscored the debate around the use of pepper spray in protest scenarios and its potential to cause serious harm.

The defendant was eventually found guilty on both counts, emphasizing that such tools, even when used in protest situations, are still deemed illegal.

The “Edmonton Uber Driver Case” (2021)

A case that had a significant media run was that of an Edmonton Uber driver who used pepper spray on a passenger he claimed was violently aggressive.

While the driver was initially charged with assault with a weapon and possession of a prohibited weapon, his defence argued he was protecting himself from a passenger’s violent behaviour. The case sparked a national conversation on the safety of gig economy workers and their rights to self-defence. The case resulted in a landmark decision that saw the driver acquitted, with the judge ruling that his actions were justifiable under the circumstances.

Legally carry pepper spray conclusion

Pepper spray is not a prohibited weapon.

Tourism Saskatchewan warns travelling hunters that all weapons including “defensive sprays” must be declared when arriving in the country to customs officials. The tourism organization also rightly points out that people can’t bring firearms or pepper sprays into the country for “personal protection.”

Keep in mind that using a weapon for self-defence can get very complicated. If this is something you are thinking about, then you should research “use of force.”

Are you still planning to purchase pepper spray after reading this article? Are you concerned about pepper spray laws? Let us know in the comments.

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Can you legally carry pepper spray in Canada?