Appeal No. AP-96-057

March 5, 1999

5 March 1999

Appeal No. AP-96-057

This is an appeal under section 67 of the Customs Act from a decision of the Deputy Minister of National Revenue regarding the classification of four 17-g cans of pepper spray purchased as a defence against dogs, bears and other animals. The goods in issue were classified as "[o]ffensive weapons" under Code 9965 of Schedule VII to the Customs Tariff. This code refers to the definition of "prohibited weapon" in section 84 of the Criminal Code, which, in turn, under paragraph (e), includes a weapon of any kind that is declared a prohibited weapon by order of the Governor in Council. The issue in this appeal is whether the goods in issue constitute devices that are declared prohibited weapons under Prohibited Weapons Order, No. 1.

HELD:

The appeal is dismissed. The appellant's intention to use the goods in issue as a defence against animals when she walks her dogs is not relevant. Section 2 of Prohibited Weapons Order, No. 1 includes devices designed to be used for the purpose, among other things, of incapacitating any person by the discharge of a spray, powder or other substance. As revealed by the label of the goods in issue, they constitute devices designed to be used for the above-noted purpose within the meaning of Prohibited Weapons Order, No. 1. The Tribunal is also of the view that the goods in issue constitute weapons within the meaning given to that word in section 2 of the Criminal Code. Consequently, they are prohibited weapons under the Criminal Code and, as such, offensive weapons within the meaning of the Customs Tariff, the importation of which is prohibited into Canada.


Topic(s): 
Acts, Regulations, Policies & Decisions / Customs Act / Post Entry / Appeals (Recourse & CITT)
Information Source: 
Canadian International Trade Tribunal (CITT)
Document Type: 
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