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Law.Hut, Lawyer
Category: Canada Law
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My son was siphoning gas from a persons vehicle when he was

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My son was siphoning gas from a person's vehicle when he was attacked by a person using pepper spray .... Is this not aggravated assault with an offensive weapon ... Is pepper spray possession legal in canada?

The most likely charge would be a assault with a weapon. A weapon can be any object, including one that is legal to possess. However, they could also be charged with possession of a prohibited weapon, as most types of pepper spray are illegal.

And aggravated assault is one where the person assaulted is wounded or maimed, so likely there would be no charge here for aggravated assault.

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Customer: replied 3 years ago.
My son was wounded .... As far as I know, the RCMP did not charge the vigilanties ... They were not threatened by my son ... He tried to escape when the assault occurred ...They also physically blocked his vehicle and accosted him....
When I say wounded that is a specific legal turn that means puncturing the skin or cutting him. I do not believe you could be wounded from pepper spray. Most likely charge that would apply is assault with a weapon.
Customer: replied 3 years ago.
You're right ... He was not wounded by definition ... Thanks....p