Other articles carried or possessed as weapons
8 Other articles carried or possessed as weapons
Except as provided in subsections (3) and (5) and section 10, a person commits an offence if the person carries or possesses an article, not being a firearm, a prohibited weapon, an edged weapon or a controlled weapon, with the intention of using it, whether or not for defence —
to injure or disable any person; or
to cause any person to fear that someone will be injured or disabled by that use.
Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.
A person is presumed to have had the intention referred to in subsection (1) if —
the article was carried or possessed in circumstances that give reasonable grounds for suspecting that the person had the intention; and
the contrary is not proved.
A person does not commit an offence under subsection (1) if the person carries or possesses the article at the person’s dwelling for the purpose of using it in lawful defence at the dwelling in circumstances that the person has reasonable grounds to apprehend may arise.
In subsection (3) —
dwelling has the same meaning as in section 1 of The Criminal Code.
A person who has the immediate control of a business does not commit an offence under section 8(1) if the person carries or possesses the article at a part of the business premises —
that is not in the view of the public; and
to which the public does not usually have access,
for the purpose of using it in lawful defence at the business premises in circumstances that the person has reasonable grounds to apprehend may arise.
[Section 8 amended: No. 34 of 2009 s. 9; No. 33 of 2024 s. 18.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.