By Nadine Moedt (The Cascade) – Email
Print Edition: January 28, 2015
It’s a question UFV security recently grappled with when a student complained after spotting someone with a blade on their belt.
Both Michael Martin and Daniel Holmberg carry knives as tools used to “trim loose threads, eat, and [open] packaging.” Holmberg’s is a folding utility knife, and Martin’s is a hunting knife designed for slicing — he uses it to skin moose in the fall.
According to Martin and Holmberg, knives should be seen as “multi-purpose tools,” and not weapons. Martin explains that his is “not designed for stabbing,” as the knife has a curved point. He also suggests a knife might be an heirloom and a source of familial pride.
While Martin and Holmberg use their knives for harmless tasks, not all students are comfortable with the sight of a knife on the belt of a fellow student.
Head of UFV security Mike Twolan says Section 86 of Canada’s Criminal Code states that only specific knives are illegal to carry.
“Carrying a knife on you is not against the law. Certain knives are against the law: switchblades, stilettos, blades that retract and protract automatically, spring-loaded,” he says.
Twolan has extensive experience dealing with citizens carrying knives during his career in the RCMP and as head of an airport security team. Twolan notes the line between using a knife as a tool and using it as a weapon is relatively clear: if you mean to use it as a weapon, it will be treated as a weapon. He says while he worked in the police force, a man was using a machete to trim brushes. However, after being teased by some children, the man raised the machete over his head in a threatening manner.
“Even though that was a tool of his trade, he used it as a weapon. He was arrested, charged, and convicted,” Twolan explains.
In another situation, a man was seen carrying a three-foot sword down the street in Surrey. The police seized the sword, but because the man did not use it in a threatening manner, charges were dropped and the sword was returned.
Even if others were uncomfortable looking at the sword, the man was not breaking the law.
According to Twolan, the situation is different on campus. “If [a student] is intimidated by you carrying a knife, then you are not allowed to carry it,” he says.
He notes that if a student is making others uncomfortable, they are technically violating student policy by harassing other students. Because of this, the university has the authority to ask students not to bring their knives to campus as sanctions can be imposed — any complaint would be dealt with through student services.
However, Martin and Holmberg argue that because the university policy doesn’t specifically mention knives, they have the right to continue carrying them. Martin says if a student is made uncomfortable, they might simply “attempt to open a dialogue about the legality of carrying knives and the way [they] use the knives.”
Holmberg had been carrying a knife for two years before he was approached by a member of UFV’s security team, who asked him to remove the knife from his belt and keep it out of sight. Holmberg did not comply, concerned about breaking the law by hiding the knife.
“The law regarding knives is that they cannot be concealed,” Martin says. “In a pocket, it counts as a concealed weapon.”
According to Twolan, the legality concerning concealed knives is a grey area, as Canadian law focuses on the ability to prove intent.
“There are mixed reviews on that,” he says.
“To be successful with a case in court,” he continues, “there are two things that need to be proved. One is called Actus reus and the other is mens rea. Actus reus is Latin for ‘the guilty act.’ Mens rea is ‘the guilty mind.’ Just because you have one doesn’t mean you have the other.”
So in order for a student to be doing something illegal, the court would have to prove that they intentionally concealed the weapon, rather than being asked by security to conceal it.
While it’s not against the law, Twolan doesn’t support students bringing knives to campus.
“At an institution like this you’d have to ask yourself: would a reasonable person really carry a knife here if they didn’t have a purpose for it?”
Specifically mentioning knives in the policy could be discriminatory for some students. For some, knives have religious significance. The kirpan, for example, is a ceremonial sword carried by some members of the Sikh religion, and is one of the five articles of faith that must be worn at all times.
“The policy would have to be very careful not to discriminate against religious groups,” Twolan says. “It’s a fine line.”
Security is currently dealing with situations involving knives on a case-by-case basis, while a policy is being drafted.
Since Twolan started at UFV 15 months ago, he has dealt with two incidents concerning students carrying knives. One was relatively banal: a student put his knife on the desk in class and was asked to put it away with no further incident. In another, a student actually threatened another student by pulling out the knife. This was handled very quickly by the RCMP. According to Twolan, that student is “no longer on campus.”
“I think it’s time we [had] something in place,” says Twolan, noting that UFV is “overdue” on making its policy clear.
Twolan says a knife should not be present in a learning environment like UFV unless it is required for your trade. For students, this means not using a knife where a pair of scissors can do the trick.
“You don’t want to be sitting behind a student who you know is carrying a knife,” Twolan says.
With files from Sasha Moedt.
