Weapon Offence Under the Criminal Code
The act of possessing or carrying mace is classified as an offence. In the Criminal Code, there are several types of possession offences outlined in Sections 88 through 91.
Section 88 - Possession of a Weapon for Dangerous Purposes
Any person who possesses or carries a weapon for any purpose, dangerous to the public, or for any illegal purposes commits an offence.
Pepper spray falls under the definition of a weapon, therefore, anyone possessing pepper spray in Canada can potentially face criminal charges. The punishments vary depending on whether the Crown proceeds summarily or by indictment based on the severity of the offence. It can potentially amount to ten years in prison.
Section 89 - Carrying Weapon While Attending Public Meeting
The Criminal Code also makes it illegal to carry mace while in public. According to the Criminal Code, a person carrying a weapon while attending a public meeting or on the way to such a meeting commits an offence. Such offences are prosecuted summarily with penalties ranging from a fine up to imprisonment for the term not exceeding two years or both.
Section 90 - Carrying Concealed Weapon
Pepper
spray, when concealed, can
make you liable for the offence of carrying a concealed weapon. The Criminal Code makes it illegal for anyone to carry a weapon unless such a person is authorized to carry concealed weapons under the Firearms Act. The penalty for concealed carry of pepper spray varies depending on whether the Crown proceeds summarily or by indictment. It can amount to five years in prison.
Section 91(2) - Unauthorized Possession of Prohibited Weapon or Restricted Weapon
Possessing a can of mace can lead to criminal liability under another section of the Criminal Code, prohibiting unauthorized possession of a prohibited or restricted weapon. According to Section 91 (2), possessing a prohibited weapon without holding an appropriate license is an offence which can be punishable either summarily or by indictment, with a maximum penalty amounting to five years in prison.