POLICE ACADEMY

715 McBride Blvd. New Westminster B.C. V3L 5T4

IN SERVICE:10-8
A newsletter devoted to operational police officers across British Columbia.

PROHIBITED WEAPONS:
PROVING POSSESSION

Succinctly, aside from proving possession1 , the following
two elements must be established:

Sgt. Mike Novakowski

•

Section 92(2) of the Criminal Code (CC) creates an
offence for possessing a prohibited weapon:

•

s.92(2) CC
Subject to subsection (4) and section 98, every person
commits an offence who possesses a prohibited
weapon,…knowing that the person is not the holder of a licence
under which the person may possess it.

Because the offence of possessing a prohibited weapon
is one of strict liability, the Crown only need initially
prove that the accused was in possession of the
prohibited weapon. The burden then shifts to the
accused to prove absence of knowledge of the
prohibited characteristics2. The Crown is not required
to demonstrate the person intended to use the item as
a weapon as defined in s.2 CC3.

A prohibited weapon is defined in s.84(1) CC:
“prohibited weapon” means
(a) a knife that has a blade that opens automatically by
gravity or centrifugal force or by hand pressure applied
to a button, spring or other device in or attached to the
handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to
be a prohibited weapon

In proving an offence under s.92(2) CC, there is both
an objective and subjective test that must be
satisfied:
Ø

The objective test is whether or not the item in
question has the functional characteristics that
make it prohibited. Did the weapon possess the
prohibited properties?

Ø

The subjective test is whether the possessor knew
of the characteristics that made the weapon
prohibited. This does not require that the person
knew the weapon was prohibited, but only requires
knowledge of the prohibited characteristics. In
many cases, the appearance of the weapon itself
may satisfy this test (ie. nunchaku).

IN THIS ISSUE

Types of Prohibited Weapons
The definition of “prohibited weapon” in s.84(1) creates
two categories of weapons:
Ø
Ø

Volume 1 Issue 5
August 2001

automatic knives
prescribed weapons

Automatic Knives
The types of knives that are prohibited under part (a)
of the definition of prohibited weapon can generally be
divided into three categories:
•
•
•

switchblade knives
flick or butterfly knives
gravity knives

The reason for banning these knives is founded in their
capability of being carried or concealed in the hand,
automatically opened, and available for use as a
weapon 4.
See s.4(3) CC.
R. v. K (1991) 68 C.C.C. (3d) 135 (B.C.C.A), R. v. Richard & Walker (1981) 63 C.C.C.
(2d) 333 (N.B.C.A.), R. v. Phillips (1978) 44 C.C.C. (2d) 548 (Ont.C.A.)
3
R. v. K (1991) 68 C.C.C. (3d) 135 (B.C.C.A), R. v. Richard & Walker (1981) 63 C.C.C.
(2d) 333 (N.B.C.A.)
4
R. v. Archer (1983) 6 C.C.C. (3d) 129 (Ont.C.A.), R. v. Richard & Walker (1981) 63
C.C.C. (2d) 333 (N.B.C.A.)
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Prohibited Weapons:Proving Possession…………1

the weapon possesses the characteristics that
make it prohibited (actus reus)
the possessor knows the weapon possesses these
prohibited characteristics (mens rea)

Switchblade Knives
“prohibited weapon” means (a) a knife that has a blade that
opens automatically…by hand pressure applied to a button,
spring or other device in or attached to the handle of the
knife,

Switchblade knives usually have a button on the handle
of the knife, that when depressed, trigger the spring
mechanism within the structure of the handle forcing
the blade to open. These knives come in a variety of
designs including side and front openers. Common
names include leverlock, Italian stiletto, front opening
and new age autos. A blade that “opens” only a few
degrees as the blade emerges from the handle of the
knife, such as when a button on a buck knife is
depressed, does not amount to “opening” and escapes
the definition 5.

Flick or Butterfly Knives
“prohibited weapon” means (a) a knife that has a blade that
opens automatically by…centrifugal force…

Flick knives may be opened by simply flicking the wrist
or snapping the knife in a circular motion. Some folding
knives, although not originally designed to open in this
fashion but do because of prolonged use, constitute a
prohibited weapon 6. Capability, not necessarily the
design of the knife, determines legality7. However,
where the pressing of a button supercedes the flicking
of the blade, the knife does not fall within the
definition8. Similarly, a knife that opens by holding the
blade and applying centrifugal force to the handle is
not prohibited 9. A butterfly knife (aka: “balisiong” or
“Manila folder”) has a
blade that folds into
the handle of the knife
so that when the knife
is closed the handle
also serves as the
“carrying case” of the
blade. At the base of
the knife is a small bar or clip that locks the split
handle into position. The clip is not necessary for the
knife to function since the handle can be held together
when gripped. By holding one of the two parts of the
R. v. Richard & Walker (1981) 63 C.C.C. (2d) 333 (N.B.C.A.)
R. v. Archer (1983) 6 C.C.C. (3d) 129 (Ont.C.A.)
7
R. v. Richard & Walker (1981) 63 C.C.C. (2d) 333 (N.B.C.A.)
8
R. v. Styles [1991] O.J. No.1422 (Ont.Crt.Jus.Prov.Div.)
9
R. v. Archer (1983) 6 C.C.C. (3d) 129 (Ont.C.A.), R. v. Richard & Walker (1981) 63
C.C.C. (2d) 333 (N.B.C.A.)

handle and applying centrifugal force, the knife blade
swings open and the two parts of the handle meet to
form the knife’s handle. To properly operate the knife,
the user does require some coordination and dexterity.
The automatic nature of the knife is not defeated by
the fact the bar must first be raised or the fact the
user is required to bring the two parts of the handle
together 10.

Gravity Knives
“prohibited weapon” means (a) a knife that has a blade that
opens automatically by gravity…

The gravity knife, as its name implies, uses gravity to
eject the knife blade from the handle of the knife. The
operator of the knife usually holds the knife in a
vertical position, with the knife pointed at the ground.
A release lever
is depressed on
the side of the
knife
that
frees the blade from a locked position. Gravity causes
the blade to fall from the handle and the blade then
locks in the extended, or open, position.

Prescribed Weapons
Prior to the new firearm and weapon legislation,
prohibited weapons included some firearms and many
were prohibited by Order in Council. Firearms now have
their own classification system. Today, non-firearm
weapons are prohibited by regulation. Part III of the
Regulations Prescribing Certain Firearms and Other
Weapons, Components and Parts of Weapons,
Accessories, Cartridge Magazines, Ammunition and
Projectiles as Prohibited or Restricted made pursuant
to s.117.15(1) CC classifies weapons as prohibited11 :
Ø

Any device that is designed
to be used for the purpose
of injuring, immobilizing or
otherwise incapacitating any
person by the discharge
therefrom of (a) tear gas, Mace or other gas, or

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August 2001

R. v. Vaughan (1991) 60 C.C.C. (3d) 576 (S.C.C.), R. v. Giroux [1986] B.C.J. No.1654
(B.C.Co.Crt.)
11
Source www.cfc-ccaf.gc.ca.
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2

(b) any liquid, spray, powder, gas or other
substance that is capable of injuring, immobilizing
or otherwise incapacitating any person

Ø

By definition, the spray must be designed to be used
against persons. The labelling of the canister may
provide sufficient evidence as to its design12. Dog
repellants and bear sprays are not designed for
persons, but animals, and would therefore fall outside
the definition. However, if bear or dog spray were used
during the commission of an offence, the item would
fall within the definition of “weapon” in s.2 CC thereby
aggravating the crime.
Ø

Any instrument or device
commonly known as "nunchaku",
being hard non-flexible sticks,
clubs, pipes, or rods linked by
a length or lengths of rope, cord, wire or chain, and
any similar instrument or device.

Nunchaku, also referred to as “numchuks” or “chukka
sticks” are commonly made of a pair of 12-14 inch rods
made of wood, metal, or acrylic, connected by a cord or
chain. A weapon known as “hide-a-chuck” appears at
first to be a baton but when
twisted and pulled apart
becomes a set of nunchaku.
Flexible foam covered plastic training “nunchakus” do
not fall within the definition because of their softness
and flexibility and therefore are not prohibited.
Ø

Ø

12

Any instrument or device commonly known as
"shuriken", being a hard non-flexible plate having
three or more radiating points with one or more
sharp edges in the shape of
a polygon, trefoil, cross,
star, diamond or other
geometrical shape, and any
similar
instrument
or
device.
Any instrument or device
commonly
known
as
"manrikigusari" or "kusari",
being hexagonal or other
geometrically shaped hard
weights or hand grips
linked by a length or lengths of rope, cord, wire or
chain, and any similar instrument or device.

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.

Generally, these weapons require contact between the
person and the electrodes that protrude from the
device. The TASER, although previously classified as a
prohibited weapon by Order in Council, is now a
prohibited firearm.
Ø

A crossbow or similar device
that (a) is designed or
altered to be aimed and
fired by the action of one
hand, whether or not it has
been redesigned or subsequently altered to be
aimed and fired by the action of both hands; or (b)
has a length not exceeding 500 mm.

Ø

The device known as the "Constant Companion",
being a belt containing a blade capable of being
withdrawn from the belt,
with the buckle of the
belt forming a handle for
the blade, and any similar
device.

Ø

Any knife commonly known as
a "push-dagger" that is
designed in such a fashion
that the handle is placed
perpendicular to the main cutting edge of the
blade and any other similar device other than the
aboriginal "ulu" knife.

“Push-daggers” are also known as “punch daggers”,
“dirks”, “palm knives”, or “t-handled
knives”. Some push-daggers are also
designed to open automatically by
depressing a button on the handle of
the knife.

R. v. Wade [1994] B.C.J. No.1985 (B.C.S.C.)

Volume 1 Issue 5
August 2001

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Ø

The device commonly known as
a "Morning Star" and any
similar device consisting of a
ball of metal or other heavy
material, studded with spikes
and connected to a handle by a
length of chain, rope or other flexible material.

A morning star (aka: “mace”) usually consists of a
spiked steel ball, attached to a wooden rod by a length
of chain. The wooden rod (handle) is held and swung.
This swinging action causes the spiked ball at the end
of the chain to reach high speeds, which when striking
the intended victim may cause serious injury.
Ø

Any device having a
length of less than 30
cm and resembling an
innocuous object but
designed to conceal a
knife or blade, including
the device commonly known as the "knife-comb",
being a comb with the handle of the comb forming
a handle for the knife, and any similar device.

There are several commercially manufactured items that
appear to be an innocuous object but in fact conceal a
knife. Examples available on the internet include the
comb knife, lipstick applicator, pen-knife, cigar knife,
key knife, bullet knife, or lighter knife.

pen knife

lipstick knife

shotgun bullet knife

Ø

The device commonly known
as a "Spiked Wristband",
being a wristband to which a
spike or blade is affixed, and
any similar device.

Ø

The device commonly known as "Yaqua Blowgun",
being a tube or pipe designed for the purpose of
shooting arrows or darts by the breath, and any
similar device.

Ø

The device commonly known as a "Kiyoga Baton" or
"Steel Cobra" and any similar device consisting of a

Volume 1 Issue 5
August 2001

manually triggered telescoping spring-loaded steel
whip terminated in a heavy calibre striking tip.
Ø

The device known as "Brass
Knuckles" and any similar device
consisting of a band of metal with
one or more finger holes designed
to fit over the fingers of the hand.

Ø

Any finger ring that has one or more blades or
sharp objects that are capable of being projected
from the surface of the ring.

There is some disagreement on whether a fixed (solid)
spike ring falls within the definition. In R. v. Buchan
Victoria Registry, June 11th, 1987 (B.C.P.C.), Metzgner
J. found that one blade projecting from the surface of
the ring fell within the definition. It was “not
necessary to speculate that the objects must be hurled
or set out from the surface of the ring”. In R. v.
Marchuk, Richmond Registry, June 8th, 1987 (B.C.P.C.)
Reed J. examined whether three rings with horned
animal heads were prohibited. Reed J. held that the
object projected is not restricted to what the ring may
do by itself but includes the whole ring being thrust
forward in the form of a weapon. In R. v. Klassen,
Vancouver Criminal Registry, October 20th 1989
(B.C.P.C.), Bastin J. held that “something that is capable
of being projected also applies to something that
simply is projected…from the surface of the ring”.
However in R. v. J. [1989] B.C.J. No.2133 (B.C.P.C.),
Collings J. found the definition does not include rings
with “fixed spikes” protruding from the surface of the
ring. Fradshaw J. in R. v. Collette [1991] 118 A.R. 207
(Alta.P.C.) followed the reasoning of Collings J. that a
one piece ring with no movable parts does not fit the
definition:
[I]t is clear that the ring, to be prohibited, must
possess blades or sharp objects that have the
capability of being projected from the surface of
the ring much in the way that a switchblade or flick
knife can cause its blades to extend from the body
of the knife.

For a complete list of all weapons (including firearms)
prohibited by regulation, log on the Canadian Firearms
Centre web-site at www.cfc-ccaf.gc.ca.
For comments or topics you would like to see
published in this newsletter contact
Sgt. Mike Novakowski at the JIBC Police Academy
at (604) 528-5733 or e-mail at
4
mnovakowski@jibc.bc.ca