Many Canadians are surprised to learn that carrying a knife—something as ordinary as a pocketknife or utility blade—can result in criminal charges. Whether or not a knife is considered a weapon under Canadian law depends heavily on the intent, context, and design of the blade. If you’ve been charged with a weapons offence related to carrying a knife, understanding the law is critical to protecting your freedom.
When Is Carrying a Knife a Criminal Offence?
In Canada, simply owning or carrying a knife is not automatically illegal. However, under the Criminal Code, a knife may be classified as a weapon if it is used—or intended to be used—to cause harm, threaten, or intimidate.
A person can face weapons charges for carrying a knife if:
- They had the knife for the purpose of committing an offence
- The knife was used in a threatening or aggressive manner
- The knife fits the legal definition of a prohibited weapon (e.g., a switchblade)
- They carried the knife concealed on their body without lawful excuse
In other words, context is everything. A knife in a toolbox is different from a knife in your waistband at a bar.
What Types of Knives Are Prohibited in Canada?
Canadian law explicitly bans certain types of knives under the definition of “prohibited weapons.” Possessing or importing these can result in criminal charges, even if you had no intention to use them as weapons.
Prohibited knives include:
- Switchblades (automatic knives that open with the push of a button)
- Butterfly knives (a.k.a. balisongs, which open by flipping)
- Push daggers (short knives gripped in the palm)
- Knives concealed in everyday objects (e.g., knife-combs or knife-pens)
If a knife is designed to open automatically or to be concealed as something else, it is almost certainly banned in Canada.
Can You Be Charged for Carrying a Legal Knife?
Yes. Even if the knife itself is not prohibited, you can still face weapons charges under section 88 of the Criminal Code if you’re carrying it for a dangerous purpose. This is known as “possession of a weapon for a purpose dangerous to the public peace.”
For example:
- Carrying a knife during a heated argument or street altercation
- Having a knife concealed in your clothing in a public place
- Bringing a knife into a nightclub, school, or courthouse
These situations may lead police to believe you were carrying the knife as a weapon rather than for work or self-defence, and you could be arrested on that basis.
What Is Considered a Lawful Excuse?
Some people carry knives for legitimate reasons—construction work, fishing, culinary jobs, or outdoor activities. Having a lawful excuse is a strong defence against weapons charges, but it must be proven in court with clear, consistent evidence.
Key factors the court may consider:
- The nature and design of the knife
- Whether the knife was concealed
- The time and location of the incident
- Your conduct leading up to the arrest
- Whether the knife was part of your employment or activities
Even with a lawful excuse, you may still be charged if the knife was carried in a way that appeared threatening or if there’s evidence you intended to use it as a weapon.
Penalties for Weapons Charges Involving Knives
Weapons charges for carrying a knife can carry serious consequences. The specific charge and the penalties will vary depending on whether the case is prosecuted summarily or by indictment.
Potential consequences include:
- A criminal record
- Fines
- Probation or conditional sentence
- Jail time (up to 10 years for more serious offences)
- Weapons prohibitions
- Difficulty traveling internationally, especially to the U.S.
If the knife was used or brandished during another criminal offence—such as an assault or robbery—the Crown may seek a harsher sentence, often including jail time.
How to Defend Against a Knife-Related Weapons Charge
Defending against a weapons charge for carrying a knife requires a careful examination of both the law and the facts. Common defences may include:
- You did not intend to use the knife as a weapon
- You had a lawful excuse for carrying it
- The knife was not prohibited
- You did not conceal the knife
- You were unlawfully searched by police
A successful defence often hinges on witness testimony, surveillance footage, expert analysis of the knife, and a strong understanding of the applicable law.
Don’t Assume It’s a Minor Charge
Many people assume that because the knife was small, common, or never used aggressively, the charge will be minor or dismissed. This is a dangerous assumption. A conviction—even for a first offence—can have long-term effects on your record, your employment, and your ability to cross the border.
If you’re facing weapons charges related to a knife, consult a lawyer immediately to avoid making statements or decisions that could hurt your case.
Schedule a Free Consultation with LichtmanLaw
Being charged with a weapons offence for carrying a knife is a serious matter under Canadian law. These cases are often complex, and the penalties can be life-altering. An experienced criminal defence lawyer can help you protect your rights, challenge the evidence, and work toward the best possible outcome.
Contact us now to schedule a free, confidential consultation.