The Question

Sign posted at the entry to every primary inspection lane:

The scenario: You've entered primary inspection. You have a hunting knife with a 5 inch blade in the trunk of your car. You've answered the question "Do you have any weapons" with a "no" (the knife is NOT a weapon according to the criminal code). The CCRA agent then asks "No knives?" so you answer "yes, I have a hunting knife".

I have been informed that the proper procedure for the primary inspection agent to follow if he wishes to pursue the matter is to send the person to secondary inspection, so you procede to secondary where you hand the referral slip to an agent and explain the situation.

The agent will ask you to open the trunk so that he may examine the hunting knife.

The agent will examine the knife, and it is at this point that he will ask you:

The hunting knife, even if it was declared as a weapon is not on the prohibited weapons list, there should be NO problem with it being admitted, so there should be no reason to even ASK the question.

The ONLY reason we can see for asking the question is to attempt to justify barring the item based on declared use. Of course, there is nothing in CCRA regulations to justify this. The CCRA officer knows this, he is just hoping that YOU DON'T

If the item is thus refused entry, you have at this point three options:

1) return the item to the states,
2) surrender it to Canada Customs with no option to retreive it at a later date, or
3) Demand the agent CONFISCATE the item

Option three will force the agents hand so to speak. If he is acting improperly he will probably not pursue the matter and will let you procede.

If the agent asks why you didn't declare the knife when asked if you had any weapons, you must insist that the knife is not a weapon according to the criminal code, since both it's manufactured purpose and declared purpose is NOT that of a weapon.

The agent might threaten you with arrest if you don't voluntarily abandon the item, but since it was properly declared, it will just be another empty threat to try and intimidate you.

If the agent tells you that all knives over 4 inches are weapons, and that you should have declared it, you should inform the Agent that the Criminal Code is the final authority on the question of weapons, and that there is nothing in the Code referring to the length of knives.

He might try to act under the authority of the CCRA Rules that allow the confiscation of ALL undeclared weapons, but since the item is not in fact a weapon, he won't succeed.

The seizure will be illegal, and you will be able to challenge his action.

Of course, if the seizure is illegal, the agent probably won't pursue that course of action i nthe ifrst place.

If the CCRA considers ALL knives over 4 inches to be weapons, then perhaps it is time for them to change their sign.

However, they won't because the CCRA is bound by the criminal code definition of a weapon

Remember, if you are being harassed by a CCRA Officer, DEMAND to speak to a supervisor.

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