in a nutshell:
from: http://www.ottawasun.com/2014/02/05/...r-pepper-spray
Quote:
"It might be, depending on how strong it is," said Solomon Friedman, Ottawa criminal defence lawyer and firearms law expert.
"I've certainly seen people charged with carrying a concealed weapon."
The murky area can also surround how it's carried and the intent of the person carrying it.
If you are intending to hurt someone with it, or actually do, that is illegal.
Carrying bear spray is legal for use against bears. Carrying bear spray in the city where you're unlikely to see a bear?
You could be charged with carrying a concealed or restricted weapon. And actually using it as a weapon can mean a host of other charges, including assault with a weapon and administering a noxious thing.
It is illegal to carry a product designed for personal protection against a human attack, according to the Criminal Code of Canada.
Quote:
When it comes to mace, which has a higher concentration of oleoresin capsicum, it is flat-out prohibited in Canada.
Using pepper spray to ward off an attack, like a Gatineau store clerk did in 2012, does not necessarily mean charges if it is a legitimate self-defence.
But in the case where pepper spray was unleashed on a city bus in Nov., two 15-year-old boys faced a combined 18 charges.
The man in the courthouse incident, accused of using Spike dog repellent, was hit with several charges, including carrying a concealed weapon and assault with a weapon.
"I think the big issue is, it's restricted," said Ottawa Police Const. J.P. Vincelette.
Quote:
And Mace, a more dangerous substance, is considered a prohibited weapon, which makes it illegal.
Under the Criminal Code of Canada, such prohibited weapons can be "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating 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.
There can also be provincial restrictions when it comes to pepper sprays.