Ok , I am not a lawyer but I do read SOME of the law on this matter.
Sometimes a little knowlege is a very dangerous thing.
Take the time to read up on the law as it applies to you.
We need to know about the Criminal Code of Canada and provincal law.
Section 353 of the Criminal Code, which states:
Everyone who sells, offers for sale, purchases or has in his/her 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.
Alberta, British Columbia, and Saskachewan currently issues license refered to in Section 353 of the Criminal Code of Canada.
Here are links to the provincal laws
http://www.pssg.gov.bc.ca/pisa/general/legislation.htm
http://www.solgen.gov.ab.ca/security_pr ... px?id=2243
Carrying lockpicks in these 3 provinces, with out a license issued by that province is a criminal offense that can be enforced.
The Crimimal code of Canada requires having a license issued by the provinces .However, most provices do not issue locksmithing or pick licenses so residents are "loopholed"; they can not obtain the required permit, so they can not comply with the legislation. For these Canadians, mere possesion of lockpicks is not normally suffice to support a conviction.
What does this mean for hobby pickers in British Columbia, Alberta and Saskachewan ?
The tools of your hobby are technically illegal to possess in these provinces.
No loophole for you. These provinces all issue locksmiths. Getting caught with lockpicks in of its self is sufficent for you to be criminally charged.
No need to prove that you were "up to no good".
In provinces that do not license locksmiths however the law is not as cut and dried. In these provinces, if found in possesion of lockpicks, the processcutor would have prove criminal intent in addition to mere possesion of lockpicks.
It is important to remember that in all jurisdictions possesion of any tool, not just lockpicks, can be deemed possesion of tools for burglary.
Getting caught with a screwdriver that you use to fix your car is a perfectly legitimate reason for possession. Having that same screwdriver out side a corner store at 3am that has been broken into will be seen in a different light, regardless of who actually did the crime.
Regardless of where you live, lockpicks may be seen by law enforcement as burglarly tools and cause you all kinds of head aches.
Be discreate, don't show off your lockpicks. Don't carry them with you, remember you are supposed to only work on your own locks.
Also be aware that other provinces are looking to introduce legislation.
