Are plastic "brass knuckles" legal in Canada? A Real Lawyer Explains

Summary

In this informative video, Ian Runkle, a criminal defense lawyer, delves into the complexities of Canadian weapon laws, particularly focusing on brass knuckles and their non-metal variants. He explains that while traditional brass knuckles are classified as prohibited weapons, alternatives made from materials like acrylic and polycarbonate may not fall under this definition. Runkle emphasizes the significance of the material used in self-defense tools and how carrying non-metal knuckles can still lead to legal complications. Through real legal cases, he highlights the importance of understanding these nuances to navigate the legal landscape surrounding self-defense effectively.

Takeaways

• 😀 Brass knuckles can refer to various materials, including acrylic, polycarbonate, and carbon fiber, which raises questions about their legality in Canada.
• 📜 The legislation defines brass knuckles specifically as a band of metal with finger holes, limiting the scope of similar devices made from non-metal materials.
• ⚖️ Court interpretations may differ from legislative definitions, making it essential to consider case law for clarity on legal definitions and implications.
• 👨‍⚖️ The Supreme Court of Canada case 'The Queen and Deschamplain' illustrates how legal decisions can hinge on the definitions of prohibited weapons, including the significance of material.
• 🔍 In the discussed case, a police officer was charged for not properly securing a knife that may have had brass knuckle features, leading to discussions on evidence handling.
• ❌ The court ultimately ruled that without evidence of metal, the officer could not be convicted of possessing a prohibited weapon, highlighting the importance of proving all elements of a charge.
• ⚠️ Possession of non-metal knuckles is legal in Canada, but carrying them for self-defense can lead to charges related to carrying concealed weapons.
• 🏷️ The legal consequences of carrying items designed as weapons, even if not classified as prohibited, can still result in serious legal repercussions.
• 🖼️ Decorative possession of non-metal knuckles is acceptable, but they should not be taken outside the home to avoid legal troubles.
• 💡 The speaker advises against owning items like plastic knuckles for self-defense due to the legal risks, emphasizing that the courts view such items as weapons.

Q & A

What is the main topic discussed in the video?

The video discusses the legality of various types of knuckles, specifically focusing on acrylic, polycarbonate, and carbon fiber knuckles compared to traditional brass knuckles in Canada.

What does the legislation state about brass knuckles?

The legislation defines brass knuckles as a device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand, implying that similar devices must also be made of metal to be considered prohibited weapons.

How do courts interpret the legislation regarding non-metal knuckles?

The courts have determined that non-metal knuckles, such as plastic or acrylic, do not fall under the prohibited category defined for brass knuckles, making them legal to possess in Canada.

What case does the speaker refer to for legal precedent?

The speaker refers to the case of 'The Queen and Deschamplain' to illustrate how the courts handle evidence and the interpretation of what constitutes a prohibited weapon.

What were the key findings of the Supreme Court regarding the case?

The Supreme Court found that the lower court failed to properly consider circumstantial evidence and did not verify whether the handle of the knife involved was made of metal, which is essential for establishing a prohibited weapon charge.

What risks are associated with carrying plastic knuckles?

Carrying plastic knuckles for self-defense can lead to charges of possessing a weapon for a purpose dangerous to the public peace or carrying a concealed weapon, as they are considered designed for use as weapons.

Can individuals legally purchase and possess plastic knuckles in Canada?

Yes, individuals can legally purchase and possess plastic knuckles in Canada, but they should not carry them outside their home to avoid legal issues.

What advice does the speaker give regarding collecting knuckles?

The speaker suggests that if someone wants to collect plastic knuckles, it's acceptable to keep them as decoration, but they should not be taken out of the home to avoid the risk of legal troubles.

What potential consequences could gun owners face if convicted of weapons offenses?

Gun owners convicted of weapons offenses related to carrying prohibited items may face firearms prohibitions, which could result in significant financial loss and restrictions on their ability to own firearms.

How does the speaker conclude the video?

The speaker concludes by thanking viewers for watching, expressing hope that the information was educational, and mentioning supporters on Patreon.