Manitoba justice minister calling for Criminal Code changes for bear spray

Manitoba’s justice minister is calling on his federal counterpart to make changes to the Criminal Code regarding bear spray being used as a weapon.

Kelvin Goertzen released a statement Wednesday saying the Winnipeg Police Service has raised concerns about the use of modified bear spray against people. According to his statement, police say criminals are purchasing and modifying the cans by camouflaging them when they are carrying them out in public.

“Following recent changes resulting from court decisions, it has become more difficult to charge individuals with using bear spray as a prohibited weapon against people,” Goertzen writes.

“This is despite the fact that modified bear spray has been used in random attacks on transit buses, at popular gathering spots, and to target and temporarily disable individuals. The seemingly indiscriminate nature of some of these assaults is frustrating and troubling for Winnipeggers and all Manitobans.”

Winnipeg police say in 2019 there were 593 incidents. That rose in 2020 to 714 incidents, and again to 2021 to 848 incidents.

According to Goertzen’s statement, Winnipeg police are expecting a record-setting year for crime involving bear spray. The statement says they’re expecting 1,200 instances this year, a 40 per cent increase over 2021, and nearly 80 per cent higher than the 2017-2021 average.

“Manitoba Justice is asking the federal Department of Justice to make changes under Section 84 of the Criminal Code to include bear spray that is modified for use on people as a prohibited weapon and to make it more difficult for those who use bear spray to assault individuals to obtain bail,” Goertzen writes.

This isn’t the first time Goertzen has written to federal Justice Minister David Lametti. Last month, he wrote Lametti asking for Criminal Code changes to make it harder for people who use knives during crimes to be granted bail.

In a statement to CTV News, a press secretary for the federal minister said he will respond to Goertzen in due course.

"Our government will always work to ensure that our criminal laws, including the law of bail, effectively meet their objectives, keep all Canadians safe, and are consistent with the Charter of Rights and Freedoms," the statement reads.

Goertzen said he will raise the bear spray issue in person with his federal counterpart at an October meeting.

-with files from CTV News' Jeff Keele.