Lockpicking: Laws of Canada

[schuchwun]

I know there are some experienced Canadian Lock pickers on this site so maybe some of you can answer my questions a little better.

From my research primarily concerning Ontario I was unable to find anything pertaining to possessing lock picks other then some brief entries in the criminal code. http://www.efc.ca/pages/law/cc/cc.part-ix.html Part 9 subsection 351-353

# 351. POSSESSION OF BREAK-IN INSTRUMENT / Disguise with intent.
# 352. POSSESSION OF INSTRUMENTS FOR BREAKING INTO COIN-OPERATED OR CURRENCY EXCHANGE DEVICES.
# 353. SELLING, ETC., AUTOMOBILE MASTER KEY / Terms and conditions of license / Record to be kept / Failure to comply with subsection [3] / Definition of "automobile master key".

now in Alberta I found this

http://www.solgen.gov.ab.ca/downloads/documentloader.aspx?id=45238

with this to say about it :

All persons in possession of lockpicking
equipment are required to be licensed by the
Solicitor General of Alberta by virtue of
Section 353 of the Criminal Code

now Section 353 of the Criminal Code defines automotive master keys as a key, pick, rocker keys, sully kits, slim jims, lock out kits or other
instrument designed or adapted to operate the ignition or other switches
or locks of a series of motor vehicles or business and/or residential locks.



so it brings me down my questions: whats legal in Canada, and how does it vary from province to province. Other then Alberta are you required to be licensed in any other province? If so what are the requirements?

[MacGyver101]

I am not a lawyer, but my understanding has always been that Alberta is the only province which attempts to mandate registration for anyone in possession of simple lockpicks. I haven't research the Alberta statute, so I can't speak to it, but elsewhere it comes down to circumstance... if you're displaying your lockpicks in a situation that looks like you're about to commit a crime, you're going to be answering some questions:

351. (1) Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

352. Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for breaking into a coin-operated device or a currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for breaking into a coin-operated device or a currency exchange device, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

So... if you're attending any locksport meetings in a back alley at midnight, leave your crowbar, flashlight and ski mask at home. In general, tools that are specifically designed for cars are also not permitted, irrespective of circumstance:

353. (1) Every one who [...] (b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province [...] is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. [...] (5) "automobile master key" includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.

It is my understanding that the "designed or adapted" restriction means that the possession of anything that is specifically sold as a tool for automobile locks is illegal to own, unless you are licensed. If you have a regular lock pick, you should be fine. If you have the same lock pick with "AutoBlaster 2000" stamped on the handle, it would be prohibited under this section. (If you think that is crazy, you should look at how the Firearms and Explosives laws are interpreted...)

[pickmonger]

British Columbia also has provincial legislation requiring lockpick licenses.

Please keep in mind that setting up licensing may also be introduced in other provinces so keep up dated.

Also remember what most pickers are relying on, is the loophole that while federal law requires a license, licenses are not issued by all provinces.

However that does not give total protection to people possessing picks in non licensing provinces.

The police have a lot of leeway in interpreting the criminal code. Depending on who you are, and where you are when you are found to be in possesion of lockpicks, you may be charged with other offenses.

People have been charged for having screw drivers and hammers with them as tools for burglary when the police suspected that they may have been used in a crime.

[MacGyver101]

Also remember what most pickers are relying on, is the loophole that while federal law requires a license, licenses are not issued by all provinces.

The licensing provision only applies to section 353, which only deals with picks/tools related to automotive locks. Sections 351(1) and 352 deal with the possession of burglary tools in a suspicious circumstance -- and, while being a licensed locksmith might be a "lawful excuse" for having lockpicks on you, it would still be a matter of circumstance: there's no Provincial license that would grant an absolute exemption to those sections.

[pickmonger]

Interestingly enough I don't think that it is as cut and dried as you stated.


MacGyver101 Wrote

The licensing provision only applies to section 353, which only deals with picks/tools related to automotive locks.

From the Alberta Solicitor General's Site

What is an automobile master key?

Section 353 of the Criminal Code of
Canada defines automotive master
keys as a key, pick, rocker keys, sully
kits, slim jims, lock out kits or other
instrument designed or adapted to
operate the ignition or other switches
or locks of a series of motor vehicles
or business and/or residential locks.

or business and/or residential locks.

Note the addition of business and/or residential locks.

For the exact reference please see page 2 of http://www.solgen.gov.ab.ca/downloads/d ... x?id=45238

I also know from personal experiance that many locksmith vendors require a picklicense from Albertans REGARDLESS of what type of pick or purpose a pick serves.

Is Alberta justified in adding the business and/or residential locks to the definition of Automotive Tools?

According to an Albertan RCMP officer that I spoke to picks intended for picking a Schlage Deadbolt are illegal to possess without an Alberta pick license. Of course an other officer may read the rules differently.

[MacGyver101]

Note the addition of business and/or residential locks.

Very odd. Provinces do, generally, have the authority to pass legislation in relation to properly... but they're not permitted to tack random language onto the federal Criminal Code. That entire last clause ("or business and/or residential locks") has been added by whoever wrote that pamphlet; here are links to the Justice Department website:

Canadian Criminal Code: Section 353(5) -- English / French

It seems unlikely that the official definition of an "automobile" would have ever included a "residential door", even in past revisions of the statute. Alberta may have passed other legislation to restrict lockpicks, but its power certainly isn't derived from Section 353.

[schuchwun]

The statute is pretty vague but clear I interpret as owning them is one thing but being caught with them is a totally different thing. I don't think locksport is very well known in Canada and any Peace Officer would probably find something to charge you with just for having them on you. Any law abiding citizen most likely would never have a problem but just that one time that you randomly get searched by the cops you might have a problem.

My next question is what about locksmiths there has to be something to prevent any random Joe from offering lockout service (other then Alberta).

[schuchwun]

The statute is pretty vague but clear I interpret as owning them is one thing but being caught with them is a totally different thing. I don't think locksport is very well known in Canada and any Peace Officer would probably find something to charge you with just for having them on you. Any law abiding citizen most likely would never have a problem but just that one time that you randomly get searched by the cops you might have a problem.

My next question is what about locksmiths there has to be something to prevent any random Joe from offering lockout service (other then Alberta).

[Desette]

I have talked to several Police Constables and Sergeant’s in Alberta and not one has ever been rude and attempted to confiscate or take away a hobbyist’s lock picks.

Let alone think there illegal. I don’t know where you guys are getting the misinterpretation of the Criminal Code since I just re-read a few times and it seems to talk to only the old style master keys used in some makes back in the 80’s and nothing about residential areas for sure.

Fact is that the picks wouldn’t be given a second look if you don’t get caught with a ski mask in a neighborhood that has a B&E at the same time with the same description of what you are wearing.

Facts are not many criminals are using lock picks; it’s a skill and not an easy one to get good at.

There over at the Crowbar+Window Smashing 101 Forums

[Squelchtone]

They're over at the Crowbar+Window Smashing 101 Forums

I will need the URL for this awesome sounding forum as soon as you can get it to me!





Squelchtone

[Desette]

Looks like they got shut down and are now apart of some major site group that wear black and congregate on a place called youtube seen here (http://www.youtube.com/watch?v=2MXqamsY0MY)