A folding knife might seem like an ordinary tool, but how quickly it opens could determine whether it’s allowed into Canada.
That’s at the centre of an ongoing dispute between the Canadian Knife & Tool Institute (CKTI) and the Canada Border Services Agency (CBSA).
The group claims the CBSA is applying import rules inconsistently to certain one-handed folding knives with locking blades.
Andre Eng, founder and president of CKTI, said the issue comes down to how border officials determine whether a folding knife can be opened using centrifugal force, commonly referred to as a “flick test.”
“The problem lies in the subjectivity of what they call centrifugal force because the average user has a very different skill set to open the knife quickly versus an experienced user,” said Eng.
“The example I would often tell people is imagine getting a speeding ticket driving down the street because based on how loud your engine sounds or the colour of your car or just what it looks like. That’s essentially what we’re trying to bring clarity to.”
Everyday tools at risk
Eng warns the implications could extend well beyond the knife industry, particularly in rural communities like the West Kootenay, where folding knives are used across several industries.
He points to the Milwaukee Fastback, a popular folding utility knife with an interchangeable blade used by tradespeople for tasks like cutting drywall and rope.
First responders also rely on folding locking knives in emergency situations, including cutting seat belts to free people trapped in vehicles.
Fishermen, hunters, ranchers and outdoor enthusiasts are among the other groups Eng said could be affected.
“I think the average citizen would look at what the government is trying to do and think pragmatically, well, that’s not a bad idea, trying to keep our citizens safe from danger,” he said.
“But the reality is when you actually look and consider how many different industries and tradespeople use folding locking knives.”
He argues the current approach doesn’t adequately distinguish between a working tool and a weapon.
“There’s so many multitudes of people in everyday lives that rely on a good quality knife because, in the end, it is a tool,” Eng said.
What is the CBSA looking for?
The dispute dates back to 2017 and 2018, when an importer challenged the seizure of a shipment of folding knives.
Eng said the case prompted the Canadian International Trade Tribunal (CITT) to examine the language surrounding knife imports and make changes to its interpretation.
He said those changes failed to provide the industry with the clarity it was looking for.
“It was very subjective at that time,” he said. “And by them stepping in, they made some amendments to the language, and by doing so, it actually made it worse. It didn’t bring, I’d say, clarity to it, but it definitely updated the language to it.”
The issue resurfaced about a year and a half ago, when Eng’s own business, House of Knives, underwent a major CBSA audit.
He said he reached out to a senior CBSA officer to better understand the agency’s approach and was told it was a targeted effort.
The officer reportedly told him the agency planned to focus on Canada’s largest importers before smaller retailers.
“Our strategy is to target the biggest importers first and let the word filter down to the smaller dealers that we want to stop the importation of flipper knives,” Eng recalled.
The concern centres on knives with features such as thumb studs and flipper tabs, which allow users to open the blade with one hand.
According to Eng, there is no consistent measurement for determining whether a knife opens through centrifugal force.
“Everyone has different opinions on what is considered too fast to open, and here’s what I think is where the common sense has gone out the door… does the speed of how fast you open a knife dictate how dangerous the knife is?” he said.
“Because if that’s the case, nothing can beat a fixed blade knife, which you don’t even have to open. I know worldwide stats will show that stabbings and violent crimes committed with knives, the majority are always fixed blade knives and the majority are kitchen knives more so than an average folding knife.”
Legal challenge underway
Eng said the issue has affected the knife industry for years, with House of Knives experiencing around one to two seizures annually over the past decade.
He said CKTI has relaunched its advocacy efforts and is now pursuing an administrative appeal, hoping to have the CITT clarify or amend its interpretation of the import rules.
Eng said the appeal was launched earlier this year, but the organization is still waiting for a response.
One of the biggest distinctions in the dispute is that the restrictions concern importing certain knives, not necessarily purchasing, owning or using them in Canada.
Eng said there are currently no general prohibitions on Canadians purchasing, owning or carrying folding locking knives.
However, he fears an unsuccessful challenge could eventually lead to restrictions extending beyond imports.
“Although it is legal to purchase, own and carry, there is that chance where the CITT would say, ‘You know what? Since it’s illegal to import it, why should we allow people to sell it or to own it or to use it?’” he said.
He acknowledges the importance of preventing dangerous weapons from entering the country, but argues the current approach goes too far.
“In the end, every knife is a working tool, whether it be in the kitchen or out for, you know, saving lives or camping or hunting,” he said.
What’s next?
CKTI estimates it needs to raise $250,000 to cover legal proceedings, engineering assessments and expert testimony as the challenge moves forward.
Eng said the organization is working with manufacturers and industry partners to gather evidence from everyday users, including tradespeople and first responders, to demonstrate how widely these tools are used.
The organization is also planning fundraising auctions featuring products donated by industry partners.
Canadians interested in learning more about the dispute or supporting the legal challenge can visit www.ckti.ca.
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