Is Pepper Spray Legal In Canada? 5 Best Bear Spray Alternatives To Defend Yourself
- staysafevancouver
- May 11, 2024
- 9 min read
Updated: Feb 17
Is pepper spray legal in Canada? This question often arises among Canadians looking for effective self-defense options. In Canada, pepper spray intended for use on humans is considered a prohibited weapon and is therefore illegal.
I know, right? Our self defense laws are something of a joke.
I'm going to explain in the simplest (least boring) terms the legal framework surrounding pepper spray and narrow down the best bear sprays you can use to defend yourself against your attacker - ahem, I mean, against a bear.
Because it's illegal to use a tool or weapon as self-defense against another human being in Canada.
Is Pepper Spray Legal In Canada?
In Canada, the use of pepper spray that's intended for use on humans is illegal. Classified as a prohibited weapon under the Canadian Criminal Code, it is not permissible for personal self-defense against other individuals. This law reflects Canada's strict stance on weapons and personal safety, aiming to reduce harm and prevent misuse that could exacerbate conflicts.
But, products like bear spray, which are formulated for use against wildlife and clearly labeled for such purposes, are legal. To clarify, bear spray is legal in Canada against wildlife, but NOT for self defense against another human.
Bear spray is classified under a different category than pepper spray and is legal to possess and carry, provided it is used for its intended purpose.
Bear spray should only be used in situations where there is a genuine threat from wildlife. Using bear spray against another person is illegal and could result in criminal charges.
Top 5 Bear Sprays For Animal Defense
While self-defense sprays intended for use against humans are prohibited in Canada, there are alternatives legally available that are designed specifically for defense against animals. These sprays are a vital tool for those in areas prone to wildlife encounters or for specific professional use cases.
Here, we explore the top pepper sprays available on Amazon that meet these criteria, ensuring you stay protected within the bounds of the law ... that is, using them only (ahem) animals.
Bear Spray vs. Pepper Spray
Although bear spray and pepper spray share similarities, there are critical differences:
Bear Spray: Designed for animals, with a longer range and lower concentration of irritant.
Pepper Spray: Prohibited for personal use in Canada. Possession or use of pepper spray is illegal.
Using bear spray against a human is also illegal and could result in charges such as assault with a weapon or possession of a prohibited weapon under Section 92(1) of the Criminal Code.
What is Pepper Spray?
Composition and Origin: Pepper spray is a chemical agent made from oleoresin capsicum (OC), a natural extract derived from chili peppers of the Capsicum genus. It was developed in the 1970s and works similarly to tear gas, causing intense eye pain, tearing, skin irritation, and respiratory discomfort when inhaled.
Purpose and Use: Pepper spray is designed to temporarily incapacitate a target without causing lethal harm. It makes breathing, seeing, and speaking painful and difficult, which is why it is commonly used by law enforcement and military agencies for crowd and riot control. In the United States, it is also widely available for civilian self-defense.
Delivery Devices: Pepper spray comes in various forms, including aerosol cans, small personal-use canisters, and larger canisters for crowd control. Personal-use sprays typically release a targeted stream for precise aiming, while crowd-control versions disperse a fine mist over a wider area.
Safety and Risks: While generally considered safe when used as directed, pepper spray can cause complications, especially with overexposure. Potential risks include severe burns, vision loss, and exacerbation of pre-existing medical conditions. These risks contribute to ongoing debates about whether pepper spray should be classified as a weapon or a self-defense tool.
Legal and Ethical Considerations: In Canada, pepper spray is classified as a prohibited weapon when intended for use against humans, making its legal status a contentious issue. Many Canadians are divided on whether it should be treated as a weapon or a legitimate means of self-defense, given its non-lethal but potent effects.
Are Bear Sprays Legal In Canada?
Bear spray is a non-lethal deterrent containing capsaicin, a chemical derived from chili peppers. It is specifically formulated to repel bears by causing temporary irritation to their eyes, nose, and skin. Bear spray typically has a range of up to 10 meters, allowing individuals to create a protective barrier without getting too close to the animal.
In Canada, bear spray is legal to possess only if it is explicitly labeled for use on animals and the container does not exceed 500 millilitres in volume.
But, carrying bear spray in areas where there is no reasonable expectation of encountering wildlife—such as urban settings—could result in charges for possessing or carrying a prohibited weapon.
If someone carries bear spray with the intent to use it against another person, they could be charged under section 92(2) of the Criminal Code for possessing a prohibited weapon. This section states that it is an offence to possess a prohibited weapon, restricted weapon, or prohibited device without the proper license.
Under Canadian law, the definition of a "weapon" is broad and includes any object designed to cause injury, incapacitate, or intimidate. This means that even if bear spray is marketed for wildlife, using or intending to use it against a person classifies it as a weapon. Possession of a prohibited weapon is considered an indictable offence, punishable by up to 10 years in prison.
While bear spray is legal for wildlife protection, its misuse against humans carries severe legal consequences, including potential imprisonment. Canadians must use and carry bear spray responsibly, ensuring it is only for its intended purpose—deterring wildlife—and not for self-defense against people.
For it to be legal, the product must:
Clearly indicate on the label that it is intended for use on animals.
Not exceed a container volume of 500 ml.
The Best Bear Sprays On Amazon
Is Bear Spray Stronger Than Pepper Spray?
Bear spray and pepper spray differ significantly in their formulation and intended use. Bear spray is specifically designed to be more potent, covering a wider area and effective from a greater distance.
Typically, bear spray can be deployed from 20 to 40 feet away, with the exact range influenced by the brand, can size, and environmental conditions. This range makes it a better deterrent in situations involving wildlife compared to the more localized effect of pepper spray.
Buying & Storing Bear Spray
When purchasing bear spray, consider the following:
Check the expiry date.
Ensure it has a safety cap.
Confirm it is labeled as "bear spray" or "bear repellent."
Verify the size and strength align with legal requirements.
Store bear spray safely to prevent accidental discharge and ensure it is accessible during outdoor activities.
What Does Bear Spray Do To Human Skin?
Bear spray contains a highly concentrated form of capsaicin, the same chemical that gives hot peppers their heat.
For comparison, while a habanero pepper may reach up to 300,000 Scoville heat units—a scale that measures spiciness—bear spray can hit around 2 million Scoville units. When it comes into contact with human skin, bear spray causes an intense burning sensation, similar to a severe sunburn.
Despite its status as a generally safe and necessary defense tool when used appropriately, there are potential complications associated with pepper spray exposure, particularly from overexposure. These can include severe burns, loss of vision, and the exacerbation of pre-existing health conditions.
What is The Best Counter To Pepper Spray?
There are several methods to alleviate the effects of pepper spray, but using water and detergent is the most effective treatment for removing the irritant from the skin.
Why Is Pepper Spray Illegal In Canada?
If you are found with pepper spray in Canada, you could be charged with a criminal offense and face significant penalties. These can include a prison sentence of up to 10 years, fines reaching $5,000, and a criminal record that could harm your future job prospects.
Moreover, importing pepper spray into Canada from the United States or other countries is illegal. Canadian customs officers are authorized to seize any mace, pepper spray, or tear gas in a traveler's possession and may criminally prosecute the individual if they suspect the spray was intended for criminal use.
However, there is an exception for law enforcement officials and government employees, who can legally carry pepper spray for work purposes if they have the necessary permits.
What are the Offences & Consequences of Pepper Spray Possession?
Intent matters: You cannot carry pepper spray for the purposes of using it against another human. Offences for possessing pepper spray are detailed in Sections 88-91 of Canada's Criminal Code:
Possession of a weapon for dangerous purposes (Section 88)
Carrying a weapon while attending a public meeting (Section 89)
Carrying a concealed weapon (Section 90)
Unauthorized possession of a prohibited weapon or restricted weapon (Section 91(2))
Anyone found guilty of offenses outlined in Sections 88, 90, and 91(2) of the Criminal Code for possessing pepper spray—or any other weapon—faces criminal penalties. This could include being convicted of an indictable offense and possibly facing imprisonment.
What's The Difference Between Mace™ & Pepper Spray?
Although people often use the terms "pepper spray" and "Mace™" interchangeably, they're not identical.
Pepper spray broadly refers to a range of products known as oleoresin capsicum (OC) sprays. All OC sprays share the active ingredient capsaicin, which causes eye irritation, burning sensations, pain, and temporary blindness.
In contrast, Mace™ is actually a brand name, originating in the 1960s in the United States. Initially, Mace™ included tear gas among other ingredients. Nowadays, many Mace™ products contain oleoresin capsicum, making them a type of pepper spray. Mace™ also produces products with different active ingredients, so it doesn't refer to a single category of self-defense sprays.
What is a Prohibited Weapon?
The Criminal Code of Canada outlines an extensive list of prohibited weapons. A weapon is defined as anything intended to cause death or injury, or to threaten or intimidate any person.
The list of prohibited weapons is comprehensive and includes not only firearms but also items commonly used in hunting (such as crossbows, which require a license) and self-defense items like pepper spray.
While it might be surprising to see items like pepper spray classified as prohibited weapons, other items on the list, such as rocket launchers and automatic weapons, are more expected.
Pepper Spray Classification
According to Section 88 of the Criminal Code, pepper spray is considered a prohibited weapon. It includes any device designed to cause injury, immobilize, or incapacitate by discharging gas (like tear gas or mace) or any liquid, spray, powder, or other substance.
The Criminal Code also mandates that anyone possessing any type of firearm in public, transporting them, or storing them without reasonable precautions can be charged with an offence.
Handling Pepper Spray Offences in Canada
Pepper spray and mace offences are taken seriously by Canadian courts. Possessing pepper spray for self-defense is not always sufficient to avoid charges.
Federal Regulations
Under federal regulations, pepper spray can only be sold to someone with a valid Firearms Acquisition Certificate or Authorization to Carry. It can be used for self-defense, but using it for non-defensive purposes is a criminal offence with severe penalties.
Concealed Weapon Offence
Pepper spray is also considered a concealed weapon, which can result in substantial penalties.
Even legally purchased pepper spray must be used responsibly and remain in the possession of the authorized owner. Unauthorized use or possession can lead to severe penalties, especially if aggravating factors are present or the individual has a prior criminal record.
What Are The Penalties?
Penalties for pepper spray offences can include up to 10 years in prison, fines up to $5,000, and a lifelong criminal record affecting employment, travel, education, and immigration status.
A brief overview of the offenses related to pepper spray in the Criminal Code include:
Section 88: Possession of a weapon for dangerous purposes
Section 89: Carrying a weapon while attending a public meeting
Section 90: Carrying concealed weapon
Section 91(2): Unauthorized possession of a prohibited weapon or restricted weapon
Penalties for pepper spray offences include:
“Every person who commits an offence under subsection (1)
(a)is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b)is guilty of an offence punishable on summary conviction.”
Is It Illegal To Bring Pepper Spray into Canada?
Yes, it is illegal. Pepper spray designed for use on humans is classified as a prohibited weapon under Canada’s Criminal Code. As a result, bringing it into the country is against the law.
If someone is caught with pepper spray while crossing the Canadian border, they could face serious consequences, including potential jail time and a criminal record. Customs officials will confiscate it, and you may face prosecution if it's believed to be intended for criminal use.
Under the Criminal Code, importing a prohibited weapon into Canada is considered an indictable offence. Those found guilty could face a maximum prison sentence of up to 10 years, with a minimum sentence of one year.
This strict enforcement reflects Canada’s stringent laws regarding weapons and their use, emphasizing that pepper spray intended for human use is not permitted in the country.
Final Thoughts: Is Pepper Spray Legal In Canada?
The legality of pepper spray in Canada is clear: it is classified as a prohibited weapon when intended for use against humans and is therefore illegal for personal self-defense purposes.
This strict regulation stems from a commitment to public safety and the prevention of misuse that could escalate violent situations.
Canadian self-defense laws are highly restrictive, primarily designed to minimize violence by tightly controlling the use of items like pepper spray, which are classified as prohibited weapons.
This approach stems from a broader legal philosophy aimed at preventing escalations in public confrontations and ensuring public safety through regulation rather than self-administration of defense.
Let me know in the comments below what you'd like to learn about next!
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