View Single Post
Old July 28th, 2008, 00:08   #50
The Saint
The Saint's Avatar
Join Date: Jan 2005
Location: Quebec
Originally Posted by MadMax View Post
What are the ramifications of something being declared a prohibited device but exempted from most practical limitations?
The ramification is that not all Prohibited Devices are automatically prohibited because they are listed under the Prohibited Device umbrella. Nor are all Prohibited Devices equal.

It is not being listed as a Prohibited Device that makes something prohibited. Prohibited Device is just a category (not even really a definition) with no legal restrictions attached to it on its own. It derives its "prohibitedness" from being included in various offences in the Criminal Code. For example, it is illegal to possess Prohibited Device without proper authorization only because Prohibited Device shows up in the appropriate Possession Offence subsection.

If a certain type of Prohibited Device is explicitly excluded from various offences that otherwise include Prohibited Device as a whole, then that explicitly excluded type of device does not share in the same prohibitedness in under that situation.
"The Bird of Hermes is My Name, Eating My Wings to Make Me Tame."
The Saint is offline   Reply With Quote