Criminal code section 353 / automobile master key

[Crystalrw]

I know in old versions of the Criminal Code they specifically defined an automobile master key specifically as including slim jims.

On the current version of the Criminal Code, the definition has changed. Does anyone know what the current law is on selling or owning slim jims?

Here's the section from the current version of the criminal code. The definitions are at the end.

Selling, etc., automobile master key

353. (1) Every one who
(a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or
(b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Marginal note:Exception

(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer’s duties.
Marginal note:Terms and conditions of licence

(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.
Marginal note:Fees

(2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).
Marginal note:Record to be kept

(3) Every one who sells an automobile master key
(a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and
(b) shall produce the record for inspection at the request of a peace officer.
Marginal note:Failure to comply with subsection (3)

(4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.
Marginal noteefinitions

(5) The definitions in this subsection apply in this section.
“automobile master key”
« passe-partout d’automobile »
“automobile master key” includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.

“licence”
« licence »
“licence” includes any authorization.

[speedog]

Where the hell is dflamzer when you need him?

[Crystalrw]

I'm too much of a newb to get the reference...

[speedog]

Originally posted by Crystalrw
I'm too much of a newb to get the reference...

Oh, dflamzer is another newbie who's just been making a bit more of showier splash on beyond then you - start reading at page 3 in this thread.

Anyhow, welcome to beyond - a wonderful place to kill some time and learn some stuff too.

[spike98]

“automobile master key”
« passe-partout d’automobile »
“automobile master key” includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.

That is an exact description of a slim jim. Seems pretty clear to me.

[spikerS]

Originally posted by spike98


That is an exact description of a slim jim. Seems pretty clear to me.

Bingo

[Crystalrw]

I have to say I agree with the both of you, although other people I have been discussing this with in person are somehow interpreting it differently and think I'm full of it.

Are there any CPS on this forum?

[Toma]

Good lord!! I can go to jail and have a criminal record for having a slim jim??

Jesus.

Had no idea. So, when I bend a coat hanger to do a similar job.... criminal again?

[spike98]

Originally posted by Toma
So, when I bend a coat hanger to do a similar job.... criminal again?

If you use it for the intent of gaining unauthorized entry into an automobile then yes i would assume so.

[Crystalrw]

Originally posted by Toma
So, when I bend a coat hanger to do a similar job.... criminal again?

I don't think you would go to jail over a bent hanger unless you were trying to get into someone else's vehicle. If you can prove that it's your vehicle or the vehicle owner is there to vouch for you, I imagine you'd be fine.

There's a section about that in the criminal code, and basically the burden of proof is on you.

Here is the section:

Possession of break-in instrument

351. (1) Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal noteisguise with intent

(2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

[LollerBrader]

Originally posted by Crystalrw


(b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Marginal note:Exception

Aye carumba.

After a buddy locked himself out of his truck at my place recently, I thought it would be handy to have a slim jim set on hand - They're dirty cheap online.

Guess I'll reconsider. Thanks for saving me two years in the slammer.