Ontario’s attorney general calls on federal government to look at legalizing pepper spray

Ontario’s attorney general is calling on the federal government to consider legalizing the carrying and use of pepper spray for self-defence and instituting mandatory DNA collection upon arrest for sexual offences.

In a letter obtained Sunday and dated Saturday, Doug Downey asked Attorney General of Canada Sean Fraser to consider implementing the “bold” measures to hold violent offenders accountable, support victims of crime and strengthen public safety.

“More action must be taken to keep violent, repeat offenders off the streets,” Ontario’s attorney general said.

“Together, we can build on the progress being made to keep our streets safe by providing people with the practical means to defend themselves, equipping front-line police officers with the tools and resources needed to accelerate investigations into sexual offences and ensuring victims of crime are supported through a strengthened right to be informed,” Downey added.

In Canada, it’s illegal to carry pepper spray and a warrant or conviction is required for DNA sample collection.

Downey’s letter comes amid a few busy days for the Ontario government, which proposed a Freedom Of Information law change, mounted a failed injunction bid to prevent an Al-Quds Day rally from happening in Toronto and announced a takeover of Toronto Island’s Billy Bishop Airport. Earlier this week, Ontario Premier Doug Ford’s government also announced the Classroom Supplies Fund and an end to the funding of multiple drug consumption sites.

Andrew Brander, a partner at Crestview Strategy and a former senior advisor to the Ford government, said the move to legalize pepper spray and enhance DNA sample collection is a response to polling, which indicates public safety is one of the key priorities for Ontarians.

“It's really important during this time … to demonstrate that the government still has good ideas that they're putting forward and that they're not stagnant on some of the issues of real concern for the people of Ontario,” he said. “It's more of a revisiting of that rather than it being a tactic to distract from other little eyesores that are going on here and there.”

Brander added that while Ford has generally been working cooperatively and collaboratively with the federal government, he believes it’s not a bad idea to create some contrast and differentiation.

Criminal defence lawyer Sam Puchala said this isn’t just a political move, it’s an entire shift in the nature of self-defence analysis.

“If you have a young woman walking home late [at] night from a late course and there's a violent interaction that happens, pepper spray could potentially be useful to her in that case,” she said. “We're talking about safe streets. But how safe are the streets really if we're permitting more weapons?”

Puchala added the DNA collection upon arrest is a “wholly inappropriate” use of resources that makes “no sense.”

“This request is rooted in a tough on crime approach. And yes, it's important for complainants, victims and sexual offences to have justice and for investigations to be done. But I think it's really important that the presumption of innocence be remembered,” she said. “DNA is a very personal thing.”

Wen-Do Women's Self Defence senior trainer Deb Chard said some women already carry sprays for self-defence and what is truly necessary is education.