Epic heroes of Kung Fu movies, such as the characters played by actor Bruce Lee, use martial arts equipment and daring, deft movements to defeat the bad guys. Such movie characters glorify the use of nunchucks by seducing the audience with excitement and non-stop action. In reality, nunchucks are considered hazardous—and, at times, deadly. It is of the utmost importance to take into account how nunchucks are made to cause harm and how, in specific circumstances, nunchucks may be used safely.
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What are Nunchucks?
The Cambridge Dictionary defines nunchucks, or nunchaku, as a martial arts weapon comprising a rope or chain conjoining two hard, solid sticks. Since there are two sticks, nunchucks are referred to in plural form.
The Asian World of Martial Arts (AWMA) credits Bruce Lee, an actor and accomplished martial artist, for the popularity of nunchucks. Moviegoers in the 1970s were first introduced to nunchucks in Bruce Lee’s Kung Fu movies, such as “Enter the Dragon.” Later, in the 1980s, nunchucks were featured in the television cartoon series “Teenage Mutant Ninja Turtles” as a weapon used by the character Michaelangelo. Today, nunchucks appear in video games, films, comics, and memes. Some contemporary media titles that feature nunchucks are: “Mortal Kombat,” “Final Fantasy,” “Black Dynamite,” and “Daredevil.”
As you can imagine, nunchucks today are mostly used in the supervised, teacher-led practice of martial arts in studios. This would lead one to believe that nunchucks are legal in Canada.
Well—not exactly.
Are Nunchucks Legal in Canada?
Under the Criminal Code, the answer is “no”. It is not explicitly stated whether or not there are exceptions to the regulations that allow for specific instances when nunchucks are considered to be in compliance with the law.
The Criminal Code is a set of laws relevant to all areas of Canada and defines the legality of weapons in our country, including martial arts weapons. Numerous sections touch on martial arts weapons, but the most clearly defined sections ban particular weapons. The Electronic Journals of Martial Arts and Sciences mentions the following list of the sections of the Criminal Code related to martial arts weapons as being of special interest to practitioners of martial arts:
- Section 91 (Owning a “Prohibited Weapon”): It is a criminal offence.
- Section 84 (1): Nunchaku (nunchucks) is considered a “prohibited weapon”—even if the sticks are replaced by other hard, non-flexible things like pipes and/or if the chain or rope is replaced by flexible material like wire.
- Section 105 (1b): If someone should discover a banned weapon, he/she must turn it over to the police quickly and reasonably. If the individual does not turn over the discovered banned weapon to the police, it is considered a criminal offence.
- Section 106: It is a criminal offence to destroy a banned weapon without first reporting it to the police and receiving permission.
You may notice that section 84(1), as per the prescribed regulation, only mentions hard, non-flexible materials. What if nunchucks were made of soft, pliable, and/or flexible materials instead? If a person were to possess or use foam-wrapped or padded, plastic, or rubber nunchucks, would they still be considered a banned and illegal weapon in Canada? Let’s find out.
Are Foam Nunchucks Illegal in Canada?
On January 19, 2022, the Canada Border Services Agency published an updated Memorandum D-19-13-2, which discusses importing and exporting firearms, weapons, and devices. The updated memo references “Paragraph B” under the “Prohibited Weapons” section, which refers to subsection 84 (1) (b) of the Criminal Code. The revised section about “Nunchaku Sticks (aka a.k.a. Liang Ji Gun/Ee Cheol Bong/Nisetsuken)” states that “training nunchakus” are not deemed to be banned weapons. “Training nunchakus” are nunchucks that are not heavy and are covered in foam or another soft material/fabric. Game on!
Why are Nunchucks Illegal in Canada?
With the rise in popularity of Kung Fu movies in the 1970s, nunchucks became more visible and known to mainstream culture. Because of their use as weapons in these movies and fear that life might imitate art, legislation was passed to introduce nunchucks as prohibited weapons.
At the beginning of the Criminal Code, under the “Interpretation” heading, section 2, a “weapon” is defined as an object intended to inflict injury or death or any object used for intimidation or threat. Nunchucks are considered extremely dangerous because the sticks are traditionally made of hard, solid wood or metal. Additionally, because nunchucks are designed to swing, the sticks can be swung out in almost any direction at high speed. This means that nunchucks have the capability of causing serious injury even by accident.
Individuals trained to use nunchucks accurately can incur bodily harm. Some examples of the types of injuries that can result from the use of nunchucks are broken bones, lacerations, concussions, and bruises. In extreme cases, death can occur as a result of blunt force trauma from nunchucks.
If you would like to train with, collect, demonstrate, or buy nunchucks for any reason, it is in your best interest to consult with a knowledgeable lawyer first. You can book a free consultation with a lawyer at Chadi & Company online or by phone.
What If You Use Nunchucks in Self-Defence?
After March 11, 2013, the self-defence provisions of the Criminal Code were modified by Parliament through Bill C-26 to be more understandable for the public. The modifications expand the current situations that warrant the use of self-defence. Section 34 of the Criminal Code outlines when it’s legal and appropriate to self-defence to protect yourself and/or others. Self-defence is defined as the use of force or the threat of force when an individual believes a deliberate attempt or threat of force is aimed at him/her.
Lawyers can also use self-defence as a strategy in response to criminal charges brought against their clients. To satisfy a self-defence justification, certain criteria must be met to determine if acting in self-defence is appropriate for the circumstances. The main conditions considered are:
- the seriousness of the force or threat
- the proximity and timing of the force or threat, and if anything else besides force could have been done in response or avoidance
- how, if at all, the claimant contributed to the unfolding circumstances
- if any threat or use of a weapon existed
- the physical characteristics of all parties involved (i.e., height, size, age, etc.)
- whether there exists a prior history of threat of force or use of force amongst the parties involved
- history of interaction amongst the parties involved
- the fundamental personality traits of the person who is alleging self-defence and
- whether the act of self-defence was in response to a threat of force or use of force that is, in fact, lawful and appropriate
Although less common, one can act in self-defence concerning property protection. Section 35 of the Criminal Code outlines when it is lawful and appropriate to act in self-defence to protect property. According to Section 35, one has the right to enjoy one’s property peacefully; if specific circumstances prevent this, one has the right to act in self-defence. Such circumstances where self-defence of property would not result in a criminal charge are:
- an individual has reason to believe that another person or group is entering or about to enter his/her property illegally
- an individual has reason to believe that another person or group is about to take over or has taken over the property
- an individual has reason to believe that another person or group is going to or is cause/causing damage to or destroy/destroying the property
- the act of self-defence is an appropriate response to the circumstances
The most important points to keep in mind when claiming the use of self-defence as a justification for a behavioural response are:
- reasonable awareness of the threat of force or the use of force
- the act was done to resist or prevent aggression or attack
- an unbiased determination of the appropriateness of the act under the circumstances
Although everyone has the right to defend themselves, using a self-defence plea covers limited options for citizens in Alberta under Canadian law. It is possible and acceptable to use a weapon in self-defence. However, the list of acceptable weapons and when they would be appropriate to use in specific circumstances is restricted.
Although the use of weapons is allowable in self-defence, nunchucks aren’t one of those weapons that make the acceptable list. The point of self-defence is to deflect a threat or attack—not to inflict injury or death. Unfortunately, nunchucks are one of those weapons on the banned weapons list in the Criminal Code. By law, even the foam or padded nunchucks are restricted to training purposes only. As mentioned before, traditional nunchucks are perilous due to their unpredictable movements and force and speed when making contact with a target. It’s important to note that if you use a weapon and plan on entering a self-defence plea, speaking with a practiced criminal lawyer who will fight to get you reduced penalties is advantageous. Call the lawyers at Chadi & Company immediately for a free defence consultation.
What are the Penalties for Owning Nunchucks?
Section 84(1) of the Criminal Code states that it is illegal to possess nunchucks because it is a banned weapon. What exactly does this mean? “Possession” means that you own nunchucks; you are carrying nunchucks on your person, and/or you are storing nunchucks in a storage facility, your car, or your home.
Section 91 (2) of the Criminal Code concerns the penalties for owning or possessing a banned or restricted weapon. According to the Code, owning nunchucks is considered an indictable offence. This is a serious charge, where the defendant appears in Superior Court and undergoes a trial by a judge and jury of peers. An indictable offence carries a punishment of up to five years in prison if found guilty.
Depending on the circumstances, it is possible to be charged with a summary offence instead—as per 91(3) of the Criminal Code. A summary offence is a less serious charge than an indictable offence. A summary offence is decided in a Provincial Court, where the defendant waives the right for his/her case to be tried in a higher court. Therefore, there is no jury present.
A summary offence carries less severe penalties than an indictable offence. If found guilty of a summary offence, the defendant faces a fine of $5,000 or up to 2 years in prison. The decision to be charged with a summary offence or an indictable offence lies with the Crown Prosecutor.
When Should You Consult a Lawyer?
If you are charged with any criminal offence–summary or indictable——you should contact a criminal lawyer to handle your case. It is your right not to incriminate yourself by admitting fault or guilt and to request the presence of a criminal lawyer beforehand. The skilled criminal lawyers at Chadi & Company are on your side. Please call us today at (780) 429-2300 or contact us online for a free consultation with one of our criminal defence lawyers.
