Weapons Charges for Carrying a Knife

Carrying a knife in Canada can lead to serious criminal charges under certain circumstances. While knives are not inherently illegal, the way they are carried, used, or intended to be used can determine whether someone faces a weapons offence. Understanding how Canadian law treats knives—and when carrying one becomes a criminal act—is crucial for anyone who owns or uses one.

When Carrying a Knife Becomes a Criminal Offence

Under the Criminal Code of Canada, a knife can be considered a weapon if it is used, designed, or intended to cause injury, death, or to threaten or intimidate someone. This means that simply having a knife in your possession is not automatically illegal; rather, it becomes an offence when there is evidence of dangerous intent or improper use.

For example, a chef transporting kitchen knives to work or a tradesperson using a utility knife on the job would not generally face charges. However, carrying a knife for self-defence or keeping one concealed on your person in public can quickly lead to criminal allegations.

The most common charges related to knives include:

Possession of a weapon for a dangerous purpose (s. 88)
Carrying a concealed weapon (s. 90)
Assault with a weapon (s. 267)
Possession of a prohibited weapon (s. 91)

Each of these offences carries serious penalties, including potential jail time and a permanent criminal record.

Prohibited Knives in Canada

Certain knives are completely banned in Canada, meaning possession of them is illegal under all circumstances. These include:

Switchblades or automatic-opening knives
Butterfly knives (balisongs)
Push daggers
Gravity knives
Knives designed to look like other objects (e.g., pen or comb knives)

Possession of a prohibited knife is a criminal offence, even if it is never used or displayed. These items are classified as prohibited weapons under the Criminal Code, and individuals caught with them can be charged with possession of a prohibited weapon or weapon importation if they were brought into the country unlawfully.

Carrying a Knife for Self-Defence

Many people believe they can carry a knife for self-defence, but Canadian law does not allow this. Intending to use a knife as a means of protection can transform it into a weapon in the eyes of the law. Police and Crown prosecutors treat this as possession for a dangerous purpose, which can lead to a conviction even if no one was harmed.

In other words, it is not the type of knife that determines the offence—it’s the intention behind carrying it. Stating that a knife was carried “for protection” is often used as evidence of intent to use it as a weapon.

Concealed Carry Laws

Section 90 of the Criminal Code prohibits carrying a concealed weapon without authorization. A knife that is hidden in clothing, a bag, or otherwise inaccessible to view may fall under this category. Even a folding pocketknife or small blade can result in a concealed weapon charge if carried in a manner intended to avoid detection.

The key factor is concealment for a purpose connected to a weapon-like use. Accidental concealment, such as a knife inside a work bag, is generally not criminal unless other circumstances suggest intent to use it as a weapon.

Penalties for Knife-Related Weapons Charges

Penalties vary depending on the charge, but all knife-related offences are treated seriously.

Possession of a weapon for a dangerous purpose: Up to 10 years in prison if prosecuted by indictment.
Carrying a concealed weapon: Up to five years in prison.
Assault with a weapon: Up to 10 years in prison, or 14 years if the offence involves aggravating factors such as bodily harm.
Possession of a prohibited weapon: Up to 10 years in prison for indictable offences.

Even for first-time offenders, a conviction can lead to a criminal record, travel restrictions, and difficulties finding employment.

How the Crown Proves a Weapons Charge

To convict someone of a knife-related weapons offence, the Crown must prove beyond a reasonable doubt that:

The object in question meets the legal definition of a “weapon.”
The accused intended to use it, or carried it, for a dangerous purpose.
The possession or concealment was knowing and voluntary.

If any of these elements cannot be proven, the charge may not hold. A skilled defence lawyer will focus on undermining one or more of these components through evidence, witness testimony, or Charter arguments.

Common Defences to Weapons Charges for Carrying a Knife

A strong defence depends on the specific facts of the case, but several legal arguments can apply to knife-related offences.

Lack of intent: If there was no intention to use the knife as a weapon, the Crown may not be able to prove the “dangerous purpose” required for conviction.

Lawful possession: Demonstrating that the knife was carried for a legitimate purpose (such as work, camping, or food preparation) can support an acquittal.

Illegal search or seizure: If police obtained the knife through an unlawful search or violated the accused’s Charter rights, the evidence may be excluded.

Mistaken identity or lack of control: In cases where multiple individuals were present, it must be proven that the accused actually possessed or controlled the knife.

The Role of a Criminal Defence Lawyer

An experienced criminal defence lawyer plays a crucial role in navigating weapons charges for carrying a knife. A lawyer can:

Review police conduct for possible Charter violations.
Challenge the classification of the knife as a prohibited or concealed weapon.
Negotiate with the Crown for reduced charges or alternative resolutions such as peace bonds.
Represent you in court to pursue a withdrawal, acquittal, or reduced sentence.

Because the consequences of a weapons conviction can be life-altering, early legal representation is essential. A defence lawyer can intervene before trial, often preventing charges from escalating or being formally pursued.

Contact De Boyrie Law

If you have been charged with a weapons offence for carrying a knife, immediate legal guidance is critical. De Boyrie Law has extensive experience defending clients across Ontario against weapons-related allegations, including knife possession, concealed carry, and assault with a weapon. Our firm is dedicated to protecting your rights and pursuing the best possible outcome for your case.

Alex De Boyrie

Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.