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Coyotes vs. Dog walkers

Here's an excerpt from the Regulation SOR 98-462 under the Criminal Code regarding gases and sprays:

A Prohibited Weapon includes [my introductory words]:
  • Any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of
    • (a) tear gas, Mace or other gas, or
    • (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person.
Here's the offence, section 91:

  • (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.
    [*]Marginal note:punishment
    (3) Every person who commits an offence under subsection (1) or (2)
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    • (b) is guilty of an offence punishable on summary conviction.
    [*]Marginal note:Exceptions
    (4) Subsections (1) and (2) do not apply to
    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or
    • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,
      • (i) lawfully disposes of it, or
      • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.
Note the words. Mere possession of a prohibited weapon is illegal unless you are authorized (in particular, peace officers. I am aware that some postal workers are allowed to carry it but I don't know the mechanism).

Factors such as location, intent, etc. are legally irrelevant but might be practically relevant. If you're in the woods and are somehow found in possession, they might cut you some slack. It might even be tacitly recommended. In a bush area of an urban area, perhaps not. You might find a sympathetic judge but that would be at the far end of a long and possibly expensive road.

Some online commentators, including some lawyers, argue a lot of things; including it is legal in the woods (it is not), it is legal so long as you don't intend to use it against a person (might be a defence, but doesn't make it 'legal), that bear spray is a milder solution (it doesn't matter) or that it is legal if it is in a large cannister that cannot be concealed (it doesn't matter).

For those who claim it is "legal", I sure would like to see the relevant Criminal Code section or definitive case law that supports it.
 
Indeed, a risk of mace/bear sprays is accidentally getting the irritant into your own eyes.

This (coyotes v small dogs/pets) is a complex problem in a big city where humans and pets meet wildlife.

Personally, I'd urge people not to let their pets (including cats) roam the outdoors, and to take dogs to enclosed off leash areas. Of course, it's easy for me to preach this: my cats are indoor only, and I don't have dogs.
 
Best bet is to keep your dog on a short leash. Those extensible leashes are a nuisance for multiple reasons. Coyotes will not hassle you or your dog if you keep them close to you. They may watch you if you are close to their den or where their cubs are hiding.
 
just an idea, maybe while walking your pet carry something on your key chain that makes a loud beeping noise and flashes lights, perhaps a loud whistle, small portable air horn in an air can
 

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