Criminal Code of Canada : Lock Picking

[IkeD]

After spending a good half hour tracking this information down on the http://laws.justice.gc.ca/ webpage I thought for all of you living in canada who have not gotten confirmatory responce on the subject might like to know. Owning a set of lock picks here is legal, of course dont take my word for it you can read the quote:

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.

[horwichg]

could someone simplifie that, i never understand things written so they are legal.

[Varjeal]

IkeD: Not sure where "here" is for you, but here in Western Canada (with the exclusion of Sask.) owning picks (without a license) is definitely NOT legal.

Here's what the law basically says in normal English.

*cough* If you don't have a reallly good excuse, (and it's up to you to prove it, you're not innocent until proven guilty), and you have picks (which are intended to be used for manipulating locks), you can go to the slammer for up to 10 years.

How's that for clarity?

[technik]

any one from Australia know a site that tells you all the laws and stuff like the first post in this topic?

Thanks

Tech

[Varjeal]

Yeah. Law thread, top forum.

[Romstar]

I spent an hour on my last post, and this worthless board logged me out and lost it.
So, here is the basic edition.

Section 351 of the Canada Criminal code:

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.

First off, lawful excuse with the exception of Alberta and Saskatchewan can mean anything, including hobbiest use. Second, as you can see they attempt to switch the burden of proof from the Crown to the accused. This is in contrvention of the Canadian Charter of Rights and Freedoms. It's been attacked in numerous courts across the country, and been successful. Third, the italicized section, you have to be in a place where something has occured which might be related to the tools you are carrying. Then there is the issue of reasonable inference. So, if you are in the vicinity of a B&E and you have anything on you like picks, or even screwdrivers, a jack, or a crowbar you could be implicated and called upon to explain why you are in the vacinity, and WHY you have any of those devices. Specialized or otherwise.

The second part of that section is reasonable inference. The requirement to show willful intent is just that, intention to commit an offence. Under the Canada Criminal Code a crime is not committed unless intent can be shown. Intent must be malicious, and willful. No officer could, or more likey no officer SHOULD conclude reasonable inference if you are assisting your neighbour in getting into his house after locking his keys inside.

After speaking with my lawyer concerning this, he came to much the same conclusion. While it is not common for the average person to possess lock bypass devices, there is no law that specifically forbids it. The injunction of lawful excuse can be interpreted in many ways. It is the duty of the court to accept the more lienient interpretation in the absence of law to the contrary. This would be the injunction in Alberta and Saskatchewan.

I posted a great number of links from most provinces in my lost post, but so far as I can tell, Alberta and Sask. are the only provinces with existing law concerning ownership. The funny thing about Saskatchewan is that they seem to require the ALBERTA license.

If I stop being so upset about losing the post, I may repost the information at a later date. I hope to have information form all provinces in regards to locksmith licensing, and specifically possession of tools by non locksmiths.

[WhiteHat]

any one from Australia know a site that tells you all the laws and stuff like the first post in this topic?

you can browse through all the legislation for queensland here:

http://www.legislation.qld.gov.au/Legislation.htm

I got there by going to www.gov.au, finding my state, then finding the law section, then clicking on related links.

although you may have to search through the legislation for "housebreaking" or something like that instead of Lockpicks. there could be a similar site for your state.

just remember, you can always go back to that site if you're having trouble sleeping...

WhiteHat

[pickmonger]

Section 353 Criminal Code of Canada.

This section being the Criminal Code of Canada applies to all provinces.
(see below for exact wording)

In short it requires any one in possession of lockpicks to be licensed by their provinces Attorney General.

Although the act specifies automobile tools the authorities won't distinguish between tools for cars and tools for opening locks on your front door.

Problems arise in that many provinces have no laws under which the province issues such license. This is normally provided for in legislation where locksmiths are a licensed occupation.

No Ontario Locksmith has either an Ontario issued permit for lockpicks and/or a license to act as a locksmith.

Where this becomes interesting, is when you import picks from the USA, and Canada Customs gets their mitts on your package.

Canada Customs then seems to operate making up their own internal regulations depending on the mood of the inspector.

While most packages seem to enter uninspected I have had my package stopped. In fact it was only books and a videotape. The US shipper had to sign a declaration that it contained no picks, and then re ship it to me.


Criminal Code
PART IX OFFENCES AGAINST RIGHTS OF PROPERTY
Breaking and Entering
Selling, etc., automobile master key
353. (1) Every one who

(a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or

(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.

Exception
(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer's duties.

Terms and conditions of licence
(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

Fees
(2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

Record to be kept
(3) Every one who sells an automobile master key

(a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and

(b) shall produce the record for inspection at the request of a peace officer.

Failure to comply with subsection (3)
(4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.

Definitions
(5) The definitions in this subsection apply in this section.

"automobile master key" « passe-partout d'automobile »
"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.

[Romstar]

Okay pickmonger, this is for you. <G>

I've been through this so many times with my lawyer it isn't funny.

With the exceptions of BC, Alberta and Saskatchewan no other province issues "pick licenses". In this absence of licensing, registration or even, as in the case of my province of Nova Scotia, education section 353 does NOT apply.

I know this might sound strange, but it was written that way for a reason. The federal regulators realized that even in the province of Ontario there is no licensing in place for locksmiths. This means quite plainly that legitimate business people with a need to carry such devices would be guilty of an offence simply for trying to ply their trade.

While I do agree with you that the customs idiots seem to make up the rules as they go sometimes, with the exceptions of BC, Alberta, and Sask. they are not supposed to stop any lock tools or devices.

Back to the Canada Criminal Code:

After speaking with two RCMP officers, my lawyer, and several locksmiths from across the province the ruling is as follows. Basically, where no legislation exists in a province, there can be no crime of posession unless in association with another illegal activity. In Nova Scotia lock tools become an aggrivating factor to any other criminal activity.

The reason for this is simple and one of the rare cases of common sense. If they aren't requiring you to obtain a license, they can't make the tools illegal.

If for example I offered for sale my tools, I may be guilty of an offence if I sold such tools to a non-licensed individual in Alberta, but not if I sold them to John Doe here in Nova Scotia.

Now, so far as I know, Nova Scotia, PEI, New Brunswick, Newfoundland, Quebec, Ontario and Manitoba have no license requirements for locksmiths. Alberta is licensed, and also requires an appreticeship period, and Saskatchewan follows almost the same rules. British Columbia is different in that they are licensed under the private investigators act from the ministry of public safety.

I am sure there is more, but I have to make a coffee run.

[cionide]

Hey everyone im new to picking and just ordered a lockpick set and got randomly searched today and the police found my pick set and said theier burgulary tools and that i might be chaged after i told them that in ontario there is not legislation saying i cant carry them they told me i need to be licensed and now i dont know what is going to happend any help?

[Romstar]

Hey everyone I'm new to picking and just ordered a lockpick set and got randomly searched today. The police found my pick set and said they're burgulary tools and that I might be charged. After I told them that in Ontario there is no legislation saying I can't carry them, they told me I need to be licensed and now I dont know what is going to happen. Any help?

Question 1. How old are you?

Question 2. Why were you searched?

Question 3. Did they provide you with an example of the supposed provincial legislation?

Question 4. Where you doing anything with the picks at the time?

It sounds to me like you're getting your butt harassed. There had better be a good reason for searching someone, and age is not a dertermining factor. You have every right to protection under the law as much as anyone else.

If you are a minor, do your parents know about your hobby? If not, talk to them and then tell them what you believe to be the law. Contact a lawyer, and have the lawyer contact the police on your behalf. Demand the return of your legal property.

I have found NO, (zip, zero, nada) laws concering the ownership of lock tools in Ontario, with the exception of the Canada Criminal Code. The CCC makes it very clear that possession of the tools is only a crime in conjunction with another illegal activity such as B&E.

Basically, if you weren't doing anything you have a few cops who think they can randomly search people, don't understand the law, and to complicate matters have effectively stolen your legal property.

Get a lawyer in this mess, and you just might scare the shit out of the officers.

UNLESS I MISSED SOMETHING!

Please, contact competent legal counsel in your area. Also, find the telephone number for the Ontario Solicitor General. If the Solicitor General's office tells you there is a license, ask for the name of the legislative act it appears under, and request a copy to be mailed to you.

If there is one thing I hate worse than a theif, it's a cop with a rotten attitude. I really hope like hell I haven't missed something.

[Varjeal]

Allow me to interject here:

1. As far as I'm aware, NONE of us here are actual lawyers (feel free to correct me if I'm wrong.)

2. Everyone should be cautious when it comes to making definitive statements about topics of law, especially in regards to a situation we are not personally a part of. In this particular case, all we SHOULD be doing is recommending that cionide seek the advice of parents and a lawyer. Regardless of how many lawyers someone else has talked to, it is important that cionide seek advice from HIS lawyer. The decision is ultimately his own, but caution is necessary.

3. Regardless of how definitive reading a particular law may seem, in the end it will involve a judge(s) decision and it's difficult to anticipate the outcome.

4. Including this site, the admin, and moderators, and for myself personally, I assume no liability for the non proffesional advice or (non)accuracy of comments made by other posters. Furthermore, despite my profession, this is not a topic that I am legally qualified to comment on.

That said, I will give cionide the only piece of advice (that has been mentioned before by previous posters), that is ulitmately worth following.

cionide: Talk to your parents, and seek the advice of a lawyer trained in that particular law.

Anthing else is merely theory until determined by a judge(s).

[cionide]

hi im 19 and live at my home and attend high school . yes my parents are aware of my hobby and are very understading of it . when i was stopped i was in a park sitting down the police came in to bust people for marijuana because they heard kids do it in the area and didnt find any but they found my pick set in my pocket . i was no where even near a lock and didnt even have it out it was in my pocket . i have gone over this with a man that i called on the bottom of a local police card i read him the laws and he said if all your saying is true then there should be no problem and i get my picks back with no charges but if it is true that it is legal to posses non automotive picks in ontario i have commited no crime only if i showed itent to minipulate a lock that was on property other than mine. So i dont know what will happen. im just real worried about going to jail or something. ive never been chaged with a crime before and now this.

[Varjeal]

Sounds serious. Well...if all you say is true I truly hope you are proven innocent and that the law stands as it is. Please keep us notified as much as possible about your progress. Good luck, and all our best.

[Romstar]

I can't stress enough that you should contact a local lawyer concerning this issue.

Now, after this mess I can't be positive that I found everything, but there is nothing else I can find from here.

Simply put my lawyer was quite sure about two things.
1. If you aren't commiting an offence, simply having picks on you isn't a crime, and therefore they shouldn't have taken them from you.

2. Section 353, automotive master key. His opinion on this is that since Ontario seems to have no legislation about locksmiths, lock picks or similar, you can't comply with Section 353 because there is no provincial legislation for you to be licensed under.
However, if you SELL tools, you must make every effort to comply with the requirements for record keeping. Further, if you sell out of province, you must be sure that you comply with the laws for that province.
If you decide to ever sell tools, you most definately MUST pay some money, and get a good lawyer to go over all of this with you.

This is the advice of my lawyer, and mostly applies in Nova Scotia. I urge you to at least talk to a lawyer in your area, and not to rely solely on anything you get here.