You cannot refuse to present your ID if you are being stopped while driving or operating some kind of vehicle.
You can refuse to show your ID to police if you are a passenger in a vehicle or if they stop you on the street, unless they are investigating a crime that has occurred or they are detaining you.
Police cannot ask for your ID because of your race, because you are in a high crime area, because you refused to answer a question, or because you walked away.
Police must tell you why they want to see your ID, that you can refuse to show them your ID, and that you can refuse to give them your name and date of birth.
If you are unsure what to do, you can ask the officer “Am I being detained?”, or “Am I free to go?” – If they say that you are not being detained, you are free to walk away without identifying yourself.
If you believe your rights were violated as a result of your ID, our lawyers are available 24/7. Visit our Hamilton Criminal Lawyers page for more information.