So, recently the RNC did a thing to talk about how credit card knives are supposedly prohibited (http://www.cbc.ca/…/credit-card-knives-illegal-because-they…). (Note that I've cut out all direct links because otherwise sharing this article just shares the link).

In particular, they singled out this model: http://www.iainsinclair.com/en/cardsharp2-2-black.html Now, let's look at the relevant section of the regulations:

1. Any device having a length of less than 30 cm and resembling an innocuous object but designed to conceal a knife or blade, including the device commonly known as the “knife-comb”, being a comb with the handle of the comb forming a handle for the knife, and any similar device."

The first thing a lawyer does when reading something like this is to break it down into what we call "essential elements": -Any device -Length less than 30 cm -Resembling an innocuous object -Designed to conceal a knife or blade -Specific inclusion of knife-comb.

Alright. Running our example Card Sharp knife through this we see: 1. Yes, it's a device. That part of the test is pretty much always going to be met. 2. Yep, it's less than 30 cm. 3. Here the RNC appear to have greatly screwed up. The card is not resembling an innocuous object. Examination of it readily reveals that there is a knife blade. I conclude that based on the following:

A) The outline of the blade, and indeed the blade itself, is readily visible upon examination.

B) The item is clearly labelled with the brand and description, including the word "Knife".

C) The item does not resemble a credit card except in the vague 'fits in the wallet' shape. For example, it lacks any bank or credit card brand imagery, there is no false magnetic stripe, there is no false chip for a chip-and-pin system. In fact, the black coloration readily sets it apart from any credit card. Similarly, the 2.2 mm thickness would make it readily distinguishable from a credit card even viewed edge-on, as by someone glancing into the wallet. 4. I think it's far from clear that this was designed to conceal a knife or a blade. It was designed to make one easily portable, and so that the entire thing could itself be placed in a place that is concealed (a wallet), but the design itself took numerous steps to make it readily apparent that this thing is a knife. 5. It's clearly not a knife-comb, but that doesn't end the inquiry.

Now, there are concealed knives on the market that very much do look like credit cards (typically something that says Mastercard or whatever but is actually a credit card shaped piece of sharpened metal intended for throwing or slashing). Those likely would be captured by the legislation.

Now, let's take a step further back and look at the definition of "prohibited weapon":

“prohibited weapon” « arme prohibée » “prohibited weapon” means (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;"

A) doesn't apply here. B) requires that, before the thing can be a prohibited weapon, it must be a weapon. So we have to take a further step back and look at the definition of a weapon:

“weapon” « arme » “weapon” means any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will;"

Note the key little bit there about 'used, designed to be used, or intended for use'.

Whether a person uses or intends a credit card knife for use as a weapon is going to be specific to them and their circumstances. But in terms of whether this thing is always prohibited, even if you're just using it to cut up an apple that you're eating with your lunch, then the question is whether it was designed for use as a weapon. Let's see what the designer has to say about that:

"Sharp enough in fact, that it can cut through an automobile safety belt in an emergency."

"Cardsharp® was originally designed as a lightweight surgical knife that can be easily transported and safely disposed of by hospitals and medical centers together with paramedics and aid workers throughout the world (without needing expensive and wasteful sharps containers)."

"Cardsharp® is a great chef's knife..."

"Great for camping and expedition use; Cardsharp® is an essential outdoor companion/survival tool."

These statements seem to be rather the opposite--they note a design purpose originally intended as a surgical tool, and then broadened to being a useful tool for other contexts. The designer does not market it nor speak to usefulness as a weapon.

But let's say we don't believe them. Looking at the video of how this knife operates, I count six separate movements/operations that are required to convert it from the 'wallet storage' mode into the knife mode. That again runs contrary to the notion that this thing is a self-defence knife, given that it is complicated to convert it to a knife (and all of this excludes the time taken to retrieve the item from your wallet).

The term "safety knife" appears on the packaging. Someone might stretch to try to claim that this indicates that it is intended for "personal safety", and thus is a weapon. Anyone familiar with knives would know that this is gibberish, of course. They're referring to the fact that the knife handle locks up and so that the blade can't close onto your fingers.

In summary, contrary to the assertions of the RNC, my conclusion is that this specific model of knife is not a prohibited weapon in Canada.

However, if you carry this knife with the intention of using it as a weapon for self-defence, it cannot be concealed. So it could not be in your wallet. Of course, if you were thinking of self-defence, a knife that is in your wallet and requires six separate operations to become an effective self-defence weapon probably isn't on your list.

(This is cross-posted from my FB page, linked here: https://www.facebook.com/Ian.Runkle.Lawyer/posts/1770371426522633)