A Southwestern Ontario Man Caught with a can of bear spray without a license Near Sarnia was asked What He Thusht about House Arrest.
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A Southwestern Ontario Man Who Wo Caught with a can of bear spray without a License Near Sarnia and Chatham was Asked What He Thusht About the Crown’s Request for Him to Serve Three Made Mouse of House Arrest.
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The 39-Year-Old Man, Who Didn’t have a Lawyer and Repores Himself in Court, Told the Sarnia Judge he Didn’t Know He was allowed to have it when he was pulled over by a police officer Last Fall on Highway 40 Near the Border of Lambton and Chatham-Kent Couties. He Bought it to Protect Himself from Dogs While Riding Ho Bicycle on Walpole Island, He Said. And he bught the bear spray at the canadian tire in wallaceburg with photo id.
That’s when the Sentencing Hearing Ground to Halt. Justice Mark Hornblower Asked the Man If Canadian Tire Sold Him the Bear Spray and Didn’t Require a License.
“Just photo id. That’s it, ”He Said.
The judge turned to the prosecutor and asked if a person needs a license to have bear spray in Ontario.
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“I Know you can get it up north to go camping and canoeing with,” Hornblower Said.
Assistant Crown Attorney Amir Hage Said There was some odd wording on the can font in the man’s backpack and it’s abnormal for someone to carry it in the area, as it’s not prone to dangerous animals like bears.
“He also had no reasonable explanation for being in possession of such item,” hage said.
But the judge turned back to the wording of the criminal code. The Man Came to Short Facing A Charge of Possession of A Prohibited Weapon, Device Now ammunition Knowning its possession is unauthorized. With the Crown’s Approval, He Pleaded Guilty Instead to the Lesser include offer of unauthorized possession of a prohibited weapon or restricted weapon.
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Both COUNTS MAKE Reference to License. That turned out to be a sticky after hage confirmed in short, by an online search, that a person dues not need a license to buy bear spray in Ontario.
“Whatever way it was wasword or reworded, it requires a license, which isn’t required,” Hornblower Said of the Charge.
“At this point, i don it think the elements (of the offer) can be out,” hage agreed.
The Judge Told the Man What was Happy Following Their Legal Debate.
“Neith the crown nor i can see a basis for the load, because it doesn’t require a license,” he said. “Frankly, if there was requirement, Canadian Tire Wouldn’t Sell It To You Unless they Saw a License.”
At Hornblower’s Suggestion, Hage Asked for the Charge to Be Stayed. The judge told the man that means Nothing Happens for now and if one year passes and the crown doesn’t bring the load back to court, it will disappear.
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“You Of Otherwise Free To Go,” He Said. “No house arrest. No Nothing. No Bear Spray, Though, Alright? Stay Away from the bear spray. There are no bears in this area. ”
“Thank You, Your Honour,” The Man Replic. “The Old Saying Goes ,. . . You Always Learn Something Every Day, Huh? ”
“Yes, Indeed,” Hornblower Said.
Sarnia Residents have been charged and jaled in recent years for using bear spray To Attack People. But an article on understanding bear spray laws in canada on the website TorontodeFencelawyers.com Makes no References to Licenses and Says It’s Legal as Long As It’s used in Wilderness Situations and Not On Humans or Carried in a Concealed Way.
The Man in the Sarnia Case Stored The Can In The Mesh Water Bottle Holder of His Backpack, The Court Heard.
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