AR Law

Understanding the Legal Definition of Pepper Spray in Canada

Pepper spray is classified as a prohibited weapon under the Canadian Criminal Code. This includes any substance—like tear gas, Mace®, or oleoresin capsicum (OC)—that can injure, immobilize, or incapacitate a person. Because of this classification, carrying pepper spray for personal protection is not legal in Canada. Even possessing it without the proper authorization can result in serious criminal charges, including up to 10 years in prison or fines up to $5,000.

Canada’s strict gun laws are a running joke to many of our neighbours south of the border. Just because a person cannot typically carry a gun for self-defence, though, does it mean they have no options to protect themselves? For instance, is pepper spray legal in Canada? Unfortunately, you may be out of luck if you’re considering carrying Mace® or other sprays as self-defence.

What Are Criminal Penalties for Possessing Pepper Spray?

Anyone arrested for carrying pepper spray can face prison time. There are a variety of crimes that a person may be charged with. These include hybrid offences — such as unauthorized possession of a prohibited weapon — and indictable offences like importing a prohibited weapon, which includes pepper spray.

However, there are also instances where the Crown Attorney may choose to prosecute summarily. The prosecutor’s approach will have a significant effect on potential penalties for carrying pepper spray. However, prison sentences can range up to 10 years in some cases. This is why you should seek legal counsel if you’re facing charges.

Are There Alternatives to Pepper Spray?

Once people learn that pepper spray is illegal, they often wonder whether there are legal self-defence alternatives. After all, an attacker doesn’t need to be armed to cause injury or death. So, are there alternatives to pepper spray for self-defence?

This is a complex question, and its full answer will often only come after someone is charged with an offence. That’s because items such as fixed-blade knives, bear mace, and batons are legal to carry, but the law states that their use cannot be intended to harm others.

Unfortunately, the criminal code is intentionally vague in this area to give police, prosecutors, and the courts more discretion. Put simply, carrying any self-defence weapon could result in charges. However, a good lawyer may be able to help you avoid conviction.

What If You’re Arrested With Pepper Spray?

If you’re arrested with pepper spray, the weapon will first be confiscated. It’s also likely that you’ll be taken into custody. However, you might be entitled to bail depending on the circumstances of your situation. This means you may not have to stay in jail while awaiting prosecution.

After being arrested for carrying pepper spray — or any prohibited weapon — keep in mind that you don’t have to speak to the police. Doing so may hinder your defence. If you’ve been charged with a weapons offence or have questions about what’s legal to carry, contact our office to speak with a knowledgeable criminal defence lawyer.

We’ve all seen blackmail being portrayed in television shows and books, but it seems as if the act goes unpunished in many cases. This oftentimes gives the false impression that extorting someone for gain is just something a person can do whenever they feel like it. In reality, many jurisdictions treat such actions as serious crimes. So, is blackmail a crime in Canada?

Unlike many other areas of the law, there isn’t much nuance to this question. If you’ve been charged with blackmail in Toronto or anywhere in Canada, it’s time to seek assistance from an experienced legal professional.

What Is Considered Blackmail in Canadian Law?

Blackmail is not listed as a standalone crime under Canadian law—but that doesn’t mean it isn’t illegal. What most people think of as blackmail is legally categorized as extortion. Under Section 346 of the Criminal Code, it includes using threats, violence, or accusations to get something from another person or to force them to act against their will. In short: all blackmail is extortion, but not all extortion counts as blackmail.

What’s the Legal Definition of Extortion?

The Criminal Code of Canada specifies which actions constitute extortion. There’s plenty of legal jargon in the statute, but the elements of blackmail essentially break down into the following:

• Use of threats, violence, accusations, or menacing.
• The defendant intended to get something from their target or force them to do something.
• The underlying threats or violence were made to force the other individual into doing something.
• The threats were made “without reasonable justification or excuse.”

When all these elements undeniably exist, the Crown Attorney will likely be able to secure a conviction. And since prosecutors are not supposed to move forward with charges without a reasonable belief that a conviction can be secured, your best bet is to seek legal counsel if you’re ever accused of this indictable offence.

What Are the Potential Penalties for Blackmail Charges?

As an indictable offence, blackmail can result in serious punitive measures. The most severe potential consequence, however, is life in prison. This is certainly a worst-case scenario, which would likely involve aggravating factors, but the fact that such a sentence is even possible should terrify anyone accused of the crime.

Fortunately, there are no minimum sentences for an extortion conviction unless a prohibited firearm was used, or the act involved organized crime in some way. This means someone charged under the statute may be able to negotiate a more lenient sentence with the help of an extortion lawyer in Toronto.

The circumstances of the case will obviously affect the eventual outcome, but since blackmail is a serious crime, no one should take these charges lightly. If you’re facing extortion charges or believe you’re being blackmailed, speaking with a lawyer experienced in criminal defence is your first step toward protecting your rights and freedom.