When it comes to self-defence in Ontario, many people wonder whether items like stun guns, pepper spray, or tasers are legal to use. The short answer is: NO. None of these items are legal for civilian use in Ontario, even for self-defence purposes.
Why Are These Items Illegal?
Under the Canadian Criminal Code, a “weapon” is defined as any item used, designed to be used, or intended for use in causing death or injury to a person, or for the purpose of threatening or intimidating someone. Stun guns, pepper spray, and tasers fall under the category of prohibited weapons. This means it is illegal to buy, possess, or use them in Ontario.
What Does the Law Say About Self-Defence?
While Canadian law does allow for the use of reasonable force in self-defence, this does not include the use of prohibited weapons. Using items like stun guns or tasers for self-defence can result in serious criminal charges. The penalties for possessing or using these items can include imprisonment for up to 5 years and/or fines of up to $5,000.
Types of Offences and Penalties
If someone is caught with a prohibited weapon, they may face either a summary offence or an indictable offence. The decision on how to proceed is often at the discretion of the Crown and depends on factors such as the severity of the alleged offence. Regardless of intent or background, the law takes a stringent approach to the possession of these weapons.
What Should You Know?
The outright ban on stun guns, pepper spray, and tasers highlights the strict stance Ontario takes on these items. Even if your intent is self-defence, possessing or using these weapons can lead to serious legal consequences. It’s important to understand the law and explore legal alternatives for protecting yourself.
In summary, while self-defence is a right, it must be exercised within the boundaries of the law. Prohibited weapons like stun guns, pepper spray, and tasers are not an option in Ontario. Always stay informed and choose lawful methods to ensure your safety.
If you or someone you know gets caught with any of these items and is in need of legal advice, our experienced and dedicated team of criminal defence lawyers at Collett Read LLP would be more than happy to assist! For a free consultation, call us at (905) 541-2228 OR fill out our online intake form.
