To offer details to the above discussion.
Pepper spray designed to be used against people is considered a prohibited weapon in Canada. The definition under regulation states "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" is a prohibited weapon.
[51]
Only
law enforcement officers may legally carry or possess pepper spray labeled for use on persons. Any similar canister with the labels reading "dog spray" or "bear spray" is regulated under the
Pest Control Products Act—while legal to be carried by anyone, it is against the law if its use causes "a risk of imminent death or serious bodily harm to another person" or harming the environment and carries a penalty up to a fine of $500,000 and jail time of maximum 3 years.
[52] Carrying bear spray in public, without justification, may also lead to charges under the
Criminal Code.
[53]
***
From a toronto legal website:
www.torontodefencelawyers.com
Link here:
https://www.torontodefencelawyers.com/blog/general-category/crime-carry-pepper-spray-self-defence/
- While pepper spray is illegal in Canada to carry or use as a potential mode of defence there is one exception. Pepper spray can be legally purchased and used in Canada if:
A) The spray clearly indicates on its dispenser that it is intended for animal, such as bear mace, and not human use
B) The spray must qualify as a pest control product under Canada’s Pest Control Product Act.
- That being said, if you are found to using animal spray repellent as a pepper spray for personal protection, you can still be charged with a criminal offence.
- For instance, if you were to be found carrying pepper spray in your bag or purse in a normal setting you would most likely be charged with a criminal offence.
******
In practice, my understanding is the following.
You may legally own 'bear spray'.
If purchasing it retail, you are obligated to relocate it to your home/car as soon as practical, not carry it on your person except as necessary.
To carry it out of your home, you must be en route to an area where you would have legal cause to use it, bringing it to someone else for the same purpose, or returning it to a legal retailer or disposer.
To use it legally on a person would be very challenging; as it is listed a prohibited weapon. There may (not a legal opinion) be a defense of opportunity/necessity if you otherwise had it for a legal reason. (ie someone attacked you while hiking, in bear country, and you had the spray w/you. ) but I'm not sure that would hold up and not personally aware of any precedent.
******
I have spent time in the wilderness and own the product. I had to sign for it to buy it out of a locked case.
Its kept safely in storage when I'm in the City and never leaves unless I'm going to a wilderness area w/a material risk.
I've never had to use it; and I've met bears a couple of times......fortunately they were either indifferent to me or scared and went the other way.
Regardless, it is not something to carry w/you on the subway in Toronto unless your returning home from having legally purchased it.
Further, that really isn't a safe place to use it, the stuff is nasty and aerosol. It can cause respiratory difficulties, temporary blindness, nausea and in rare cases, death. Not a toy.
The typical stuff you get for the back country is also not a close-range weapon.....the spray range is 12ft-35ft.
