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It's a status crime: the actus reus prohibits the public possession ("having") of a bladed or sharply pointed article (including a folding pocketknife if the blade is more than 3" long): s. 139(1), (2) and (3). It is not a conduct crime, because the crime does not require proof of any act (or omission); nor is it a result crime, as it does not require proof of any result/consequence of possession. Status crimes (sometimes also referred to as "situational" crimes) merely criminalise someone's status or situation (other examples taken from various statutes are being found drunk in a public place; being an illegal alien; being in possession of prohibited drugs).

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16y ago

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