Pepper spray (mace) is illegal in Canada and is considered a prohibited weapon. Its use even in self-defence can lead to criminal charges.

Prohibited weapons are defined as the following:

“any device designed to be used to injure, immobilize or otherwise incapacitate any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person.”

Many people consider pepper spray as a relatively innocuous weapon and a legitimate tool for use in self-defence but its possession or use remains illegal and can lead to criminal charges— with penalties of up to 10 years in prison, depending on the circumstances.

Some exceptions exist and pepper spray can be legally possessed and used in some circumstances. It’s important to understand what these are before purchasing pepper spray.

What is pepper spray?

Pepper spray is a substance that contains oleoresin capsicum. It is also known as mace. Oleoresin capsicum is a naturally occurring irritant found in plants of the pepper family. When discharged toward the face, it causes burning and tearing of the eyes.

Mace is a popular self-defence tool for many individuals, mainly due to its accessibility and affordability. However, possessing and using pepper spray in anything other than self-defence in a potentially serious attack can lead to criminal charges.

What is a prohibited weapon?

The Criminal Code of Canada details an extensive list of prohibited weapons. Weapons are defined as anything intended to cause death or injuries, threaten or intimidate any person.

The list of prohibited weapons is long and doesn’t only include firearms. It also includes items commonly considered hunting weapons (such as crossbows, for which a license is required) as well as those commonly perceived as self-defence weapons, like pepper spray.

While their classification as prohibited weapons surprises some people, other weapons on the list, such as rocket launchers and automatic weapons, are less surprising.

Pepper spray falls under this classification in Section 88 of the Criminal Code:

“any weapon designed to cause an injury, immobilize or incapacitate by a discharge of gas, such as tear gas or mace. Moreover, any device discharging liquid, spray, powder or other substance that can cause injuries, immobilize or incapacitate is also considered a prohibited weapon.”

The Criminal Code also states that anyone who possesses any type of firearm in public places, conveys them from one place to another or stores them without taking reasonable precautions can be charged with this offence.

How are pepper spray offences handled in Canada?

Pepper spray or mace offences are treated seriously by the courts in Alberta. Having a valid reason to possess pepper spray – such as protection against an attacker – is not always sufficient to convince prosecutors not to pursue charges.

It is, therefore, essential to understand your rights and responsibilities surrounding the possession and use of pepper spray — or any prohibited weapon.

Under federal regulations, pepper spray can only be sold to someone with a valid Firearms Acquisition Certificate or Authorization to Carry. It may then be possessed and used in self-defence but its use for non-defensive purposes is a criminal offence that carries heavy penalties for convictions.

Bear in mind, too, that pepper spray is included in the offence of carrying a concealed weapon, which can also lead to substantial criminal penalties.

Even if you have purchased pepper spray legally, it must be used responsibly, remain in your possession and not be used for any illegal activities or by anyone who has not been authorized by the owner.

If aggravating factors are present or the accused has a prior criminal record, sentences for convictions are likely to be more severe.

A quick summary of the offenses related to pepper spray in the Criminal Code is as follows:

• Section 88: Possession of a weapon for dangerous purposes
• Section 89: Carrying a weapon while attending a public meeting
• Section 90: Carrying concealed weapon
• Section 91(2): Unauthorized possession of a prohibited weapon or restricted weapon

Penalties for pepper spray offences

The Criminal Code states the following about pepper spray offences:

“Every person who commits an offence under subsection (1)

• • (a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  • (b)is guilty of an offence punishable on summary conviction.”

Even a conviction for the simple possession of pepper spray can lead to severe punishments and a lifelong criminal record that can impact employment, travel, education and immigration status (if applicable).

A maximum 10-year prison sentence, fines up to $5,000 and the prospect of a criminal record that could negatively impact your future are a huge deterrent for most people considering the unauthorized use of pepper spray.

Can you bring pepper spray into Canada?

Carrying pepper spray on a plane or attempting to bring it into Canada from the U.S. or anywhere else is a criminal offence. Before you set out on your journey, it is essential to understand the regulations surrounding this.

If you attempt to bring pepper spray into Canada, customs officials will confiscate it and you could face criminal prosecution if they believe that it was intended for criminal usage.

Exceptions to the pepper spray rules

The main exception to the pepper spray regulations in Canada concerns bear mace products. These are designed specifically to be used on animals and are considered pest-control products, according to Canada’s Pest Control Product Act.

Carrying bear mace in a location not associated with bears or wildlife or using bear mace on a human can lead to a charge of possessing or carrying a weapon and a criminal conviction.

Another exception is for law enforcement officials and government employees, who are legally allowed to possess pepper spray for work-related purposes and bring it into the country if they have the necessary permits.

Many people unwittingly find themselves in legal trouble with pepper spray and require a criminal defence lawyer to help them fight charges.

The best policy is to familiarize yourself with the regulations and never possess, use or attempt to bring pepper spray into Canada without the necessary permits. This will ensure that you don’t endanger anyone around you and you stay on the right side of the law.

To arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.