Canada Customs woes - PLEASE HELP

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4 s ter
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Location: Sault Ste. Marie, Ontario Canada

#41

Post by 4 s ter »

death-bringah wrote:Apparently, what “this particular customs officer” that I spoke to considered illegal is a knife SPECIFICALLY DESIGNED TO BE OPENED BY GRAVITY ALONE.
Here's a link to a newsletter from the Justice Institute of BC. It provides the most information regarding the interpretation of the law defining prihibited knives.

http://www.jibc.bc.ca/police/publicatio ... ue%205.pdf

I says exactly the opposite to what your quote above states.

"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. Capability, not necessarily the
design of the knife, determines legality.
However,
where the pressing of a button supercedes the flicking
of the blade, the knife does not fall within the
definition. Similarly, a knife that opens by holding the
blade and applying centrifugal force to the handle is
not prohibited"


I would tend to give more weight to this explanation rather than the one in your post above. My reason is that the law prohibits knives which can be flicked open, not knives which are designed to be flicked open. Also, any of the appeal records I have seen posted only speak to whether or not a knife can be flicked open and not what it was designed to do.
David

"Not all who wander are lost"
"To liner or not to liner? That is the question?" -- Sal
"Rule number nine: always carry a knife." -- Special Agent Jethro Gibbs/NCIS ;)
death-bringah
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Joined: Fri Sep 24, 2004 10:33 am
Location: Toronto, Ontario Canada

#42

Post by death-bringah »

Totally…

As mentioned, there is NO consistency. :rolleyes:

While I am sure that we would both prefer to have our Spyderco-containing packages opened by the customs officer I spoke to, it begs the question: If a knife is let through after being INSPECTED, is it not therefore legal, simply by virtue of the fact that it was let through?

Was that Spyderfly that got through inspected? I ask because I have purchased a couple of T-handle knives, 1 of which came through after being opened by customs…there was Canada customs tape and seals stamped on it, with a label which said “opened”. :eek: Does this mean I can carry this knife in public?

I have also had “flickable” Spydercos get to me that had been opened, and inspected. Others get to me without being inspected at all. What’s the difference between these knives and the 1s that weren’t let through? (the 1st time ;) ) Or the 1s that are being openly displayed and sold in ‘LeBarron’ or ‘S and R’? Or the Gerbers in Walmart? If these guys are breaking the law by selling these knives, I would think "the fuzz" would be onto them by now...I find it more likely that LEOs shop at these stores themselves.

I consider this proof positive that canada customs does nothing to make us safer...never mind the inherent safety in being able to access a decent cutting tool.

my thanx…d
thom lambert
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#43

Post by thom lambert »

death-bringah wrote: If a knife is let through after being INSPECTED, is it not therefore legal, simply by virtue of the fact that it was let through?
I don't think it works that way. I have often passed policeman, going the other way, while I was driving 120 kmh. Does that mean the speed limit is 120 now? I doubt it. Occasionally, I get pulled over. Does that make that particular cop a jerk, or a rogue? I don't think so. Is he picking on me? I doubt it.

Yes, there is inconsistency, and yes, that inconsistency sometimes makes it difficult to enjoy our hobby (I doubt anyone on this board has a livelihood that depends having whatever knife they want): I still don't think that is grounds for the kind of vitriol that I see being exhibited for another human being ("***holes", and "mouth breathing nazis").

Thom
death-bringah
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Joined: Fri Sep 24, 2004 10:33 am
Location: Toronto, Ontario Canada

Ouch!

#44

Post by death-bringah »

thom lambert wrote:I don't think it works that way. I have often passed policeman, going the other way, while I was driving 120 kmh. Does that mean the speed limit is 120 now? I doubt it. Occasionally, I get pulled over. Does that make that particular cop a jerk, or a rogue? I don't think so. Is he picking on me? I doubt it.
...It was a rhetorical question. :D However, traffic accident statistics prove that you are far more likely to hurt someone when you are speeding, than I am with my "hobby". It has been discussed ad nauseum, on these forums, how common knives are, and how these ridiculous laws do not in fact result in fewer people being injured by knives.

thom lambert wrote:Yes, there is inconsistency, and yes, that inconsistency sometimes makes it difficult to enjoy our hobby (I doubt anyone on this board has a livelihood that depends having whatever knife they want): I still don't think that is grounds for the kind of vitriol that I see being exhibited for another human being ("***holes", and "mouth breathing nazis").

Thom
I apologize if I have offended you. I'm pretty sure that my sentiments are typical of someone who feels they have been violated. Please allow me to explain myself again:

The fact of the matter is: these people are part of a system that has declared both of us CRIMINALS, for simply possessing these knives. I would never want to hurt anyone (Please ignore my silly name for a moment. I would never hurt anyone unless I had no other choice)…but I accept the name “criminal” from these people, and wear it proudly, because there is no way I could respect the opinions of a group of people so bent on controlling me for no apparent reason.

Even though I have accepted the name "criminal" (as you have, I assume) I nonetheless detect "vitriol" when I hear the word. Generally, such laws are created to "protect people". This seems to imply that I am some sort of gangsta terrorist for owning and responsibly using these knives...I guess I just haven't gotten around to the "gangsta terrorist" part of it yet. :eek:

Well, I don't like the suggestion that I am someone who is more likely to attempt an act of coercion than someone who is knifeless. I do not do anything “illegal” with my knives, except “possess” them…it is a law I am happy to break, (as are you, I assume) because it does not hurt anyone. “I was only following orders” will never cut it for me. These people, and every other part of the system of enforcement, from politicians on down, have declared me the enemy, even though I do not hurt people, and have no intention of hurting people.

Since you have admitted to having a few pivots tightened (essentially, being a fellow partner in Spyder-crime!) yourself, I can't imagine that you disagree with that part of my argument...if it's just the language that you object to, I can assure you that calling me, and treating me, like a criminal terrorist hurt my feelings more than the feelings of any customs officer or law-maker was hurt by my "vitriol".

I suspect that 1 day we will have to choose between either giving up what could only be a "hobby", and not a "right", and going to jail. Perhaps we'll both be able to while away the rest of our lives in jail, and we'll have plenty of time to discuss this.

...I call top-bunk! :)
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