X Marks the Scot - An on-line community of kilt wearers.
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27th March 06, 04:25 PM
#30
jkdesq: I was refering to this section from the above linked page (bold mine):
OFFENSIVE WEAPONS
Possession of weapon
82. Every one who carries or has in his custody or possession an offensive weapon or imitation thereof, for a purpose dangerous to the public peace or for the purpose of committing an offence is guilty of an indictable offence and is liable to imprisonment for five years. 1959, c. 41, s. 5.
Just having a sgian as part of your attire is not dangerous to public order and is not for the purpose of comitting an offence.
But as for section 89:
89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.
While it would be adequate to prove that your sgian is not a weapon, what about ones that qualify? Then you would have to prove that you are carrying it with lawful excuse. Again, carrying it as part of your attire would likely be acceptable. So, that's why intent is important. If you intend only to wear it, you're good. If you intend to use it, you're in trouble. Which is what you said. So, no disagreement from me.
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