Understanding the Criminal Code’s stance on self-defence sprays—and what it means for residents in Northern Ontario

THUNDER BAY – LOCAL CRIME BLOTTER | PUBLIC SAFETY – Recent arrests involving the use of pepper spray in Thunder Bay have reignited public curiosity—and confusion—around the legality of carrying self-defence sprays like pepper spray or bear spray in Canada.

While these products may seem like simple protection tools, their legal status under the Criminal Code of Canada is anything but simple.

Here’s what you need to know.

Pepper Spray Is a Prohibited Weapon in Canada

Under the Criminal Code of Canada, pepper spray—also referred to as oleoresin capsicum (OC) spray—is classified as a prohibited weapon when designed for use against humans.

According to Section 84(1) of the Criminal Code, any device designed to injure, immobilize, or otherwise incapacitate a person by the discharge of a chemical irritant is a prohibited weapon. This includes pepper spray intended for self-defence.

Possession, importation, or use of pepper spray for personal protection is illegal in Canada and can result in criminal charges, such as:

• Possession of a prohibited weapon

• Carrying a concealed weapon

• Assault with a weapon if it’s used on another person

Even if you purchased it legally online from a U.S.-based retailer, importing pepper spray is also prohibited, and packages may be seized at the border.

Bear Spray: Legal to Own, Illegal to Use on People

Unlike pepper spray, bear spray is legal to purchase and possess in Canada—but only when used for its intended purpose, which is deterring wildlife attacks, not self-defence against humans.

Bear spray is commonly used by hikers, campers, hunters, and individuals living or working in remote or Northern areas like Thunder Bay District, where bear encounters are a seasonal risk. It is sold at outdoor supply stores and legally carried in wilderness zones.

However, using bear spray on a person—even in self-defence—can result in criminal charges, similar to those associated with pepper spray.

Self-Defence Under the Criminal Code

Self-defence is a recognized right under Section 34 of the Criminal Code, but it does not justify carrying a prohibited weapon. The law allows you to defend yourself using reasonable force, but that does not extend to preemptively carrying a weapon that is otherwise illegal.

For example, if you carry bear spray in your purse in downtown Thunder Bay for protection, and it’s used or even found during a police interaction, you could face charges. The legality hinges not just on possession, but intent.

Safer Legal Alternatives for Personal Safety

While pepper spray is off the table, there are other ways to legally protect yourself:

• Personal alarms: Loud noise deterrents can scare off attackers and draw attention.

• Safety apps: Emergency apps with GPS tracking and panic features.

• Self-defence classes: Practical and empowering, especially for women, seniors, or vulnerable groups.

Thunder Bay Context: Growing Concern and Legal Boundaries

Thunder Bay Police have responded to several incidents involving bear spray and pepper spray used in altercations, including robberies, assaults, and confrontations linked to drug activity or street disputes.

Law enforcement officials emphasize that misusing bear spray on people is treated as a criminal offence, and carrying any spray for the purpose of harming another individual is not tolerated under Canadian law.

“Bear spray is not a self-defence tool,” said one local officer. “We understand people want to feel safe, but it’s important to know what the law says. Using these products improperly puts you—and others—at serious risk.”

Key Takeaways

• Pepper spray for self-defence is prohibited in Canada.

• Bear spray is legal only for animal deterrence—not for use on people.

• Using either spray on a person is a criminal offense and could lead to serious charges.

• Always know the laws before carrying or using any self-defence tool.