The Sgian Dubh, Canadian Law, and Personal Freedom and Rights

[Streetcar]

Let’s see if we can dance this without giving the mods a reason to delete it.
Speaking as an American Policeman, know what the law is IN YOUR JURISDICTION.
A quick call to the local police department should answer that for you.

Given that, let me address SoldierSpike’s comment. Yes, one officer might stop you and take enforcement action, and another one might not give it a second look. It will depend upon the totality of the circumstances. If you are on your way to the Highland Games, you probably won’t get as much scrutiny as if you were walking through a high crime area at 2:00 a.m. (Yes these are extreme examples, but I’m trying to illustrate a point.)
In the end, know the law IN YOUR JURISDICTION. Only then can you make an informed decision about your sgian. Just remember that if it is unlawful in your area, then you are depending upon the discretion of an officer that you have not yet met.

[orangehaggis]

Not only have I crossed the border into Canada with a sgian dubh in my sock, I've walked (well, marched, as in a parade) around the streets of Toronto, Brampton and the sleepy town of Orono with my sgian dubh in!

Mark O - Ohio

[Macman]

LK-13, I've worn one for years in B.C. and never had a problem. I've been asked to turn it in to the bartender several times while I've been in some drinking establishments (same thing happened with a fish knife I had on my belt), and had it returned when I left. I don't even know exactly what the law is, but it's a short blade, and it can be seen.

[An t-Ileach]

The irony with all this is that the sgian dhubh is worn in the sock to display it - to show that it's not concealed. It's a bit like checking in your gun with the hat-check girl in a Western movie. The Police who run security at the Houses of Parliament in Westminster and at the Royal Palaces treat the sgian dhubh as a cultural matter (or they were last year).

Now, as for weapons, the bagpipes is a different story...

[MrAcheson]

Contact a lawyer, they can probably tell you what your legal rights are in a court of law. Contacting the relevant district attorney's office is probably even better. A lawyer will give you their interpretation of the law. The district attorney's office will give you the interpretation that matters for prosecuting hypothetical future case. I know in the US you can ask executive law enforcement agencies for official determinations of legality like that. The ATF gives them out all the time for firearms.

The problem is that a cop won't necessarily recognize those rights on the street. Even though they are charged with enforcing the law, the average police officer has a pretty appalling understanding of the law. Also if a cop stops you and tells you that wearing the sgian is illegal, you generally have to do what he says anyway. Even if you know better. If you press the issue, you'll win months later after spending a lot of money in court and the cop probably won't get a slap on the wrist.

In the US, wearing a sgian is tricky and mostly subject to state and local laws. They're fixed blades and generally long enough to be considered deadly weapons in most jurisdictions. But putting it in your sock should make it open carry.

I'm am not a lawyer or a cop or anyone of importance so take anything I say with a grain of salt.

[Colin]

I have worn a sgian dubh a number of times in BC (never to the pub) and have not had a single incident. Of course I think of it solely as a decoration. I don't know what it would be like where you live, but I haven't met anyone that has had any issue with it. I don't think that the majority of store bought sgian dubhs would withstand cutting a loaf of bread never mind being seen as a threat.

[thescot]

. . .Airport Security is way too busy stopping the people with the Ninja Death Nail Clippers.

Hahahahahahaha. You gotta admit that was a good one.

Kind of like the same folks taking my 80-year-old mother's hair pick. I guess they didn't want her picking the pilot's hair.

[Streetcar]

...
The problem is that a cop won't necessarily recognize those rights on the street. Even though they are charged with enforcing the law, the average police officer has a pretty appalling understanding of the law.

...I'm am not a lawyer or a cop or anyone of importance so take anything I say with a grain of salt.

I will.

And I'm sorry you believe the police in your jurisdiction have such a poor understanding of their jobs.

[The Supreme Canuck]

I've looked into this before. I e-mailed a member of an RCMP pipes and drums band about it. This is the salient portion of his reply:

Thousands of persons in Ontario and Canada wear highland dress complete with a skean dhu and to my knowledge, there is no law against such a practice. A couple of points to consider though, might be wearing it into a school where knives are no allowed and don't try to take one in your carry on bags through security at an airport.

[ccga3359]

I carry a knife on my hip when working with the Coast Guard auxiliary, I work closely with police at this time and have never a comment regarding my knife. I also carry one on my pfd. That being said I am in uniform and these are essential tools aboard a rescue vessel. As far I know as long as the blade is less than 4 inches and is not concealed you are legally allowed to wear it. Consider though, that a Swiss Army pocket knife could be considered a concealed weapon being in your pocket, but I hardly think one would ever be hassled by the Man for carrying one. I personally don't wear a skian Dubhe as I'm not Scottish, so there really isn't a call for me to wear one. I have been considering the skian don't in which is actually a bottle opener. As Colin pointed out most SD's won't cut butter so would be viewed as simply ceremonial. That being said I do like the look of those Damascas blades and might whittle myself a handle. If I were to wear it, it would certainly not be as a weapon just like my marine knives. One final thought Cloves started a thread not too long ago about a wooden SD.