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Intent determines criminality of bear spray

Aug 22, 2016 | 5:00 PM

There were two bear spray attacks last week in North Battleford.

On Aug. 16, a 21-year-old man was bear sprayed on 98th St. and taken to hospital. On Aug. 18, people reported they were bear sprayed on 107th St. and suspects were identified. Police reported both cases are still under investigation.

Bear spray is perfectly legal to buy and carry, with the right intentions. If it’s used against a person, or police have reason to believe it was intended to be used against a person, bear spray is illegal.

Sgt. Darcy Woolfitt of the Battlefords RCMP said there are plenty of people in the Battlefords who buy bear spray for legitimate reasons, as the area is popular for hunting and other outdoor activities.

Sometimes people can be carrying it for more nefarious reasons though.

“I would say it’s a problem anytime it’s used against someone,” Woolfitt said. “It seems to be because it’s easy to obtain; it’s prevalent all over.”

He said police would look at the totality of any circumstance if someone was found to be carrying bear spray. It would definitely be considered a weapon if used against a person, but could also be considered a weapon with intention to use it against someone, particularly in cases where the suspect committed another crime.

Many stores in the area sell bear spray for its intended purpose to protect against wildlife, but have restrictions around buying it. The Discovery Co-op sells it, but asks for photo I.D., as do Cabela’s and Wholesale Sports Outdoor Outfitters in Saskatoon. Spray can also be bought online through several sites.

Woolfitt said there’s always a chance people could ask someone else to buy it for them, but if stores are asking for I.D., staff members are doing their due diligence.

 

Sarah Rae is battlefordsNOW’s court and crime reporter. She can be reached at Sarah.Rae@jpbg.ca or tweet her @sarahjeanrae.