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.
Nolan Volens
December 12, 2020 at 3:40 am
Paragraph 2 says ID must be presented when “they are investigating a crime that has occurred or they are detaining you.” I thought ID was only mandatory upon arrest. Clarification would be greatly appreciated. Thank you.
kevin faber
April 8, 2021 at 6:38 pm
If you’re being detained, don’t they have to have reasonable grounds? And have to tell you what those are? If they don’t have any basis, and you refuse to provide ID, is that an offense in itself? If they refuse to identify a basis, and you refuse, is that an offense?
Dean Collett
April 9, 2021 at 10:05 am
Yes Kevin, police must have reasonable grounds to suspect in order to detain you. They must immediately inform you as to what they are detaining you for. If they do not provide those grounds, you can refuse to provide your identification, or answer any of their questions. You can simply walk away.
ted burdon
January 4, 2022 at 2:38 pm
If you are detained and refuse to ID. They will say that the law you are breaking is refusing to ID. They have to articulate a primary crime first. Investigating and searching for a crime you ‘may’ have committed does not count.
Collett Read LLP
March 31, 2023 at 1:01 pm
If the police detain you, they must provide you with the reasons why. If you are detained, you must show your identification.
Richard Hankinson
September 16, 2022 at 8:37 am
I have seen enough audits of police actions in North America to conclude that many officers get angry when a individual refuses to provide ID on demand.
Does walking or being present in the vicinity of a crime provide police officials in Canada with the right to detain an individual that refuses to provide ID. The wording of our Charter seems to indicate that innocent individuals must identify themselves if the happen to be in the vicinity of criminal activity.
Collett Read LLP
March 31, 2023 at 1:23 pm
You do not have to show your identification to police if they stop you on the street unless they are investigating a crime that has occurred near you or they are detaining you.
If your parked, do you need to do yourself to the police of your not doing anything wrong?
November 25, 2022 at 2:20 am
If I’m parked in my car, can a cop ask to Id me?
Do I have to talk to him?
Collett Read LLP
March 31, 2023 at 1:27 pm
Having care and control of a vehicle is enough to be deemed in operation of it and the police then have a right to request your ID.
Nolan
December 3, 2022 at 4:49 pm
What if I’m walking down the hall of my building towards my apartment, and there’s (for example) some law enforcement interaction happening with my neighbor: Can police demand my ID?
Collett Read LLP
March 31, 2023 at 1:27 pm
In the case that you have described, the police would only be able to demand your ID if they are investigating a crime they know or suspect might have happened near you.
Sarah
December 5, 2023 at 1:28 pm
Where is the actual documentation to support when you have to ID to police. Is there case law? Or an actual paragraph in the charter?
If you are under investigative detention do you have to ID? if so where would that be found?
Collett Read LLP
December 11, 2023 at 11:42 am
Not all laws are specifically described in the Criminal Code or other legislation. Section 129 of the Criminal Code makes it an offence to obstruct a police officer in the course of their duty. Judges have interpreted this to require civilians to identify themselves to a police officer, when asked, if it relates to an ongoing investigation.
Julien
December 20, 2022 at 8:25 pm
You said that you can simply walk away. Even the police is still saying that you are detain (for no reason)? I mean, before walk away, should we ask if we are free to go before?
Collett Read LLP
March 31, 2023 at 1:28 pm
If the police are detaining you and they provide you with reasons as to why you are detained then you are required to provide your ID.
Bill
December 9, 2023 at 8:38 pm
Once you are officially detained, do they not have to notify you of your rights?
Collett Read LLP
December 11, 2023 at 11:40 am
Upon arrest or detention police must inform you of your right to counsel and caution you against making any inculpatory statements.
CJ
December 3, 2021 at 6:48 pm
What if you go through an alcohol check stop and you’re cleared as not having been drinking? Then they follow up with demanding to see your ID, registration and insurance. This happened to me and I felt like the check stop was also being used as a drag net after the fact. After I was cleared they had no reason to see my ID, kind of amounts to street carding in my opinion. They give themselves the excuse to be able to determine who you are.
Collett Read LLP
March 31, 2023 at 1:00 pm
Even if you passed the ASD demand at the RIDE stop check, the police can request your ID as long as you are operating a vehicle.
Raffael
September 25, 2022 at 4:32 pm
Police need an articulable cause to detain you, ask for ID, and pat search you! Suspicion is not a crime and is not listed in the Criminal Code of Canada. If enacting your rights, use the Canadian Bill of Rights! The Charter is open to interpretation because of Section 1. The Canadian Bill of Rights is recognized in section 25 of the Charter, and the Bill is clear about what rights you have and not open to interpretation!
You must show ID if stopped while operating a vehicle in Canada. No cause is required, as per all the case law I have read.
Open to feedback if you have any!
Dan Bolton
October 4, 2023 at 3:40 am
What is section1in the charter of rights
Collett Read LLP
October 4, 2023 at 9:11 am
Section 1 of the Charter disclaims that its rights are “subject to such reasonable limits as can be demonstrably justified in a free and democratic society.” Where the state has infringed someone’s Charter rights, courts will assess whether the infringement can be justified under section 1. For example, laws prohibiting hate speech infringe the right to freedom of expression in section 2(b) of the Charter, but courts have made it clear that the infringement is justified pursuant to the public good associated with preventing hate speech.
Rob
October 10, 2022 at 7:31 pm
What is the law when pertaining to exiting your vehicle then the police decide to turn on there emergency lights, I was followed by a police vehicle at first he was quite aways behind me, by the time I was home he was just turning onto the street where I lived as I exited my vehicle he then put his lights on,got out and asked me for my license, do I still have to provide my personal information at that point.
Collett Read LLP
October 24, 2023 at 3:13 pm
You must show police identification if they are requesting it pursuant to an ongoing investigation or traffic stop.
Russell
November 26, 2023 at 12:28 pm
Why would I have to assist the police in thier investigation? I have the right to remain silent! If the police ask for my ID just because they are in the process of an investigation, and I am in the area. Just being in the area isn’t incriminating!The totality of the situation may give them reason to belive I may be doing criminal activity.
Collett Read LLP
November 29, 2023 at 12:04 pm
The so-called “right to remain silent” is triggered upon arrest or detention. If you are not under arrest and the police ask for your identification, you are not being incriminated for anything. It is important for them to be able to identify you if you are able to provide useful information and/or eventually become a witness.
Mike Frederick
July 4, 2023 at 3:56 am
2 weeks ago a Toronto Police Officer pulled up beside me asked if I heard Gunshots rung around area of Midland & Sheppard. I told the officer no but I didn’t believed me and asked for my ID. I Refused based on the Charter OF Rights but he Aggressively advised me of how I’m being recorded and continue to refuse but then he threatened to arrest me under the suspension.
What else I could’ve done?
Collett Read LLP
October 4, 2023 at 9:41 am
If police are engaged in an ongoing investigation, there is not much you can do in the way of refusing to comply. If you feel police have abused power or acted improperly, you can file a complaint with the Office of the Independent Police Review Director (OPIRD).
Rob Roobol
May 20, 2021 at 3:46 pm
if you are stopped by the police and you know they are lying about speeding but cannot prove it and they have no record of proving it can you refuse to identify yourself or are there other ways?
Collett Read LLP
March 24, 2023 at 10:11 am
If you are operating a vehicle and you are asked to identify yourself, you cannot refuse to do so. If you wish to contest the officer’s statement, you can do so through the appropriate legal channels.
Trinity Warren
June 4, 2021 at 12:27 am
From my reading of Supreme Court rulings ,here in Canada , The police in Canada , unlike in the USA , don’t need RAS for a specific crime but just need to reasonably believe criminality is afoot … to detain and demand ID . Tell me I’ve misinterpreted the rulings
Collett Read LLP
March 24, 2023 at 10:22 am
Yes, in certain circumstances in Canada, reasonable suspicion is enough to detain an individual. Once you have been detained and provided with the reasons for detainment, you must provide ID.
Chuck Deg
August 22, 2021 at 1:30 pm
What are the rules about police using “suspicious activity ” as a pretext to detainment and forcing person to produce ID.
Collett Read LLP
March 24, 2023 at 10:39 am
Suspicious activity suggests something criminal has happened, is happening or will happen. The police must have reasonable suspicion or reasonable grounds to detain you depending on the activity. Once detained the police must provide you with the reasons for the detainment.
BK
September 27, 2023 at 4:27 pm
Can refusing to answer a police officer’s questions, or simply ignoring and walking away, be considered reasonable suspicion to detain? It seems that “reasonable” is very open to interpretation. Is there something more clearly defined?
Collett Read LLP
October 25, 2023 at 11:36 am
To detain you for investigative purposes, police must have reasonable suspicion of a “nexus” between you and the offence they are investigating. Simple refusal to answer questions is unlikely to ground reasonable suspicion; they need more of a clear connection between you and the offence to actually detain you.
Angela
September 11, 2021 at 9:11 am
So do you have to identify if you’re being detained? Isn’t it the same as in the states where unless you’re being lawfully arrested, you don’t have to identify, with failure to ID being a secondary offense? Isn’t the burden of proof for detention reasonable articulable suspicion that a crime is, has or will be occuring, whereas to arrest they must have probable cause?
Collett Read LLP
March 31, 2023 at 12:56 pm
If you are being detained you must provide the police with identification when asked.
The standard for investigative detention is not as high as that required for an arrest. The standard for an arrest is reasonable and probable grounds to believe an offence has been committed. The standard for an investigative detention requires reasonable suspicion. The police may detain an individual for investigative purposes if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that such a detention is necessary.
Peter White
October 4, 2021 at 3:01 pm
Interested to know where I can find and read the specific section(s) that relate to when an individual must provide proof of personal identification and when they may refuse to do so when asked by people working in a police capacity.
Collett Read LLP
October 23, 2023 at 11:47 am
Not all laws are specifically described in the Criminal Code or other legislation. Section 129 of the Criminal Code makes it an offence to obstruct a police officer in the course of their duty. Judges have interpreted this to require civilians to identify themselves to a police officer, when asked, if it relates to an ongoing investigation.
Dany
October 30, 2021 at 8:33 pm
Yes I was unlawfully arrested when I invoked my medical exemption to the mask mandate In a grocery store. They called police, they arrested me with only reason was they were called for a “disturbance” and never said I was detained. They gave me one of those covid tickets with an obstruction charge for not providing I.D. I had the ticket thrown out by a ticket firm but they couldn’t handle the obstruction charge. Legal aide are in cahoots with government, they are useless. Legal aide say I can’t win against what amounts to a fine for obstructing the duties of an officer to a non-crime and their supposed covid Infraction was challenged and won by the ticket firm. This is not legal and feels just like intimidation by way of contravention of the law?
Collett Read LLP
March 31, 2023 at 12:58 pm
It is difficult to provide you with legal advice without knowing the particular details of your case. Legal aid is a useful service through which you can receive counsel if you are in a restrictive financial situation. Our firm is able to represent many clients through the support of legal aid. Feel free to contact us directly to look at your matter.
Yvonne Green
November 7, 2021 at 2:46 pm
So then how can a random server ask me for ID before I can sit to eat even if I have the QR code
Collett Read LLP
March 31, 2023 at 12:59 pm
This protocol was put in place for public safety. Proof of identification is required to ensure that the identification on the QR Code aligns with your personal identification.
Noah Body
January 27, 2022 at 6:44 am
I have read so many different articles about detainment with different answers in some of them that it becomes confusing.
If I am asked for ID in public and I say no, I then ask if I am detained and if the Officer now says that I AM detained, I am obligated to present my ID, once I present the ID, I will then be told I am now un-detained, so what’s the point of not giving my ID in the first place, the cop will simply use a detainment to access my ID.
As soon as a Cop tells me I’m detained, he has to explain to me that I do not have to talk and I have the right to talk to a lawyer as soon as possible, can I wait till I talk to a lawyer BEFORE surrendering my ID or do I have to show him the ID first. If I say I want to wait to speak to a duty counsel first, could he charge me for failure to identify?
I have watched about 1000 auditor videos and read up on Canadian law for 7 years, and still, I can’t answer this question myself because of conflicting data online.
Collett Read LLP
March 31, 2023 at 1:19 pm
If the police ask you for your ID on the street, you can ask them if you are being detained. If you are being detained, the police must provide you with your rights to counsel, and you should be provided with the opportunity to speak to duty counsel, if you wish to do so.
Ken Stuart
February 7, 2022 at 4:18 pm
“ 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.”
So based on this logic if they pull me over while driving and say I was speeding I can refuse to provide my license? Can a bar ask to see ID?
Collett Read LLP
March 31, 2023 at 1:20 pm
In this scenario, you were stopped whilst operating a vehicle, therefore you are obligated to show your identification.
A bar can also ask to see your identification if you are purchasing alcohol. This is a protocol put in place for public safety to prevent underage drinking or the possession of fraudulent identification for the purposes of illegal drinking.
edward turon
February 10, 2022 at 1:39 pm
feb 10 2022
not sure if you have seen this huge ottawa police officer at the canadian protest for covid mandates.
the frail grandfather,in ottawa
he was man handled,handcuffed arrested and jailed temporarily
would this officer have to write an incident report
what is needed to discipline and or delete this officer
can an individual intervene
Collett Read LLP
March 31, 2023 at 1:20 pm
If you feel that the police did not follow proper procedure you are able to file a complaint with the Office of the Independent Police Review Director (OIPRD).
Brechan Maclean
February 12, 2022 at 2:23 am
Thanks for the clear and concise information. Can you kindly cite what law governs I.D. request/demands by police? Is it simply unlawful search or seizure under the Charter being upholded by precedent, or is there another section of our law that applies to these interactions?
Collett Read LLP
March 31, 2023 at 1:21 pm
If an officer asks for your ID while you are operating a motor vehicle then you are required to provide it under the Highway Traffic Act as well as certain municipal bylaws.
There is also precedent that supports ID requests commonly known as “street checks” under specific circumstances. I recommend reading R v Mann, 2004 SCC 52, for a broad discussion of police powers of investigative detention.
Jason
February 18, 2022 at 7:25 pm
What if you’re in a parked vehicle, not driving? I was parked in my rv, nobody in the driver or passenger seats, and rcmp came and knocked and said I had to show ID. He said there were bad people around here (weird, since the city crime heat map showdd the area as very low crime). So if simply in a vehicle does that mean you’d be required to show ID in BC?
Collett Read LLP
March 31, 2023 at 1:21 pm
If an officer asks for your ID while you are operating a motor vehicle then you are required to provide it. Having care and control of a vehicle is enough to be deemed in operation of it.
If you are not operating the vehicle, the police can also ask for your ID if they are conducting a street check, but they must tell you why they are asking for your ID.
claude
July 23, 2022 at 11:08 pm
It would be helpful to explain in more detail when a person is legally required to ID themselves, for example where you are operating a motor vehicle… in a business serving alcohol, or purchasing alcohol or tobacco. Cheers
Collett Read LLP
March 31, 2023 at 1:23 pm
All of these are examples in which a person is legally allowed to ask for your ID. If you are buying substances with an age restriction on purchasing them, for example alcohol or tobacco, the seller of this product has the right to request your ID if they believe you to be below the age required to purchase said product.
If an officer asks for your ID while you are operating a motor vehicle then you are required by the provisions of the Highway Traffic Act as well as municipal bylaws to provide it.
Craig
October 24, 2022 at 9:27 am
I was sitting outside my local restaurant smoking and the police came along, and from the car, talked to me. Asked my name, and I provided my first name. Conversation ended, and I went back into the restaurant.
A few minutes later, both cops came to my table, and talked to me. They told me that they were looking for someone who had wandered away from a nearby building. Apparently the description they were given matched mine somewhat, and they were investigating me.
They asked for ID, and I provided my driver license. They they needed another piece of ID, presumably to match my name.
I didn’t want to be a jerk to these two cops, and the conversation we had was respectful on both sides. At no time did I feel threatened, but afterward, I wondered if I were within my rights to respectfully tell them that I was refusing to provide identification.
The reason I ask is that above, it’s stated that they can insist if “they are investigating a crime that has occurred”. I have no idea if they were investigating a crime or not. All I was told was that they were looking for someone. If I had to guess, I’d say this was a mental health or dementia issue and not a crime. I suppose if I had refused, they could have told me that indeed a crime had been committed, and that I was required to show. Even if that were a bluff, it was a safe one. I wouldn’t have followed up, and I would have pulled out ID for them.
What could I have done here?
BTW, thank you for this online service. It’s very valuable. I apologize for the long post.
Collett Read LLP
March 31, 2023 at 1:26 pm
You do not have to show your identification to police if they stop you on the street unless they are investigating a crime that has occurred or they are detaining you. So by extension yes, being present in the vicinity of a crime while matching a suspect’s description provides police officials in Canada with the right to request your ID. However the police must tell you why they want your ID and if they refuse to do so you can ask them if you are being detained. If the answer is no, then you are able to walk away.
Chase
November 12, 2022 at 1:08 pm
What if you are sitting in a parking lot in the drivers seat? Engine off, not driving but just sitting there in the drivers seat. Since you’re technically not operating it do you have to supply ID?
Collett Read LLP
March 31, 2023 at 1:26 pm
If an officer asks for your ID while you are operating a motor vehicle then you are required by the provisions of the Highway Traffic Act as well as municipal bylaws to provide it.
Having care and control of a vehicle is enough to be deemed in operation of it. However if you are solely a passenger in a vehicle you can refuse to show your ID to the police unless they are investigating a crime that has occurred or they are detaining you.
nansy
February 2, 2023 at 10:11 pm
My friend was travelling on a road and didn’t realize the officer was wanting him to stop. The officer’s lights were on. My friend slowed down and moved to the right of the road to stop waiting for the officer to pass him. The officer pulled up in front of him, furious and was very aggressively speaking with my friend and his 2 young daughters that hey were crying wondering what dad did. The office took his documents BUT never stated why my friend was stopped. The office came back from his police car and gave him a ticket for crossing a crosswalk when there were pedestrians which he didn’t see nor did the girls see. My question is – Doesn’t an officer have to inform you why you are stopped? What law was broken? Or can he simply take your documents and I accuse you of breaking a law?
Collett Read LLP
October 25, 2023 at 11:40 am
Police have authority to detain you for a traffic stop. If you are under arrest (which it doesn’t seem like this person was), police must promptly inform you of the reason for your arrest and give you an opportunity to contact a lawyer. To report abusive police conduct, you must contact the Office of the Independent Police Review Director (OIPRD).
Sam
March 13, 2023 at 7:41 pm
I recently parked in a no parking zone that I was not aware of being private property. this parking spot was apparently owned by a building near by.
I saw someone standing outside my car, so I went and asked if there’s an issue which they told me I’m not allowed to park here. I got in my car and moved it immediately. Nothing came of it.
Two days later, a constable from city police followed me around for about 15 minutes, eventually I parked, and he parked behind me. He got out and immediately asked for my license. I asked why and he said he is investigating an incident that happened at a parking spot. I assumed the parking owner from the police after the incident. At first, I refuse to get my ID and told the officer that I simply move the car when I realized I was not allowed to park there, to which he got mad got in my face through my window and went back in his police car.
This frightened me and under duress, I walked up to him and gave him my ID. He never pulled me over. He never turn on his lights and he never told me I’m being pulled over. I requested for a supervisor immediately, and when she came, she told me that the officer did nothing wrong.
I went to the station and I wanted to make a report, but the chief of police talked to me and give me his word that he will have a talk with a constable. I let it go since it was not something worth my while but I want to know what my rights are in order to be more confident in future occurrences. I also wanna know if he had a reasonable ground to request my ID and basically detaining me. This was under a year ago in a Canadian province. And I’m still open to pressing charges and to sue.
Collett Read LLP
March 31, 2023 at 1:37 pm
If an officer asks for your ID while you are operating a motor vehicle then you are required by the provisions of the Highway Traffic Act as well as municipal bylaws to provide it.
Having care and control of a vehicle is enough to be deemed in operation of it, and the police have a right to request your ID. However if you feel that the police did not follow proper procedure you are able to file a complaint with the Office of the Independent Police Review Director (OIPRD).
Jack
September 27, 2023 at 2:15 am
You should always file the actual complaint having documentation of police not acting correctly helps keep them inline. Even if the chief speaks with him directly there is no actual proof of this. If this officer continues to act in abrasive Manor with the public or commits an offence against a member of the public the prior complaints shows that this is in fact habitual repeated behavior and not just an isolated incident. If you see something you think is wrong from the police or feel you have been wronged by the police then please always for a report as it helps keep transparency for how the police interact with the public they serve. This helps keep us safe from those who would gladly abuse their powers.
Markus
May 2, 2023 at 2:17 am
I have a friend that was recently arrested about 2 weeks ago. He was put into a detention centre . There have been no charged laid. He was detained because the police thought he had stolden property witch later was determined that it wasn’t. He has refused to Identify himself . Now how long can he be held if not charged with any offense?
Collett Read LLP
July 26, 2023 at 4:38 pm
Hi Markus,
If police do have reasonable and probable grounds to detain you and you are arrested and taken into custody, police can detain you for 24 hours. This 24-hour period may be extended if you are arrested on a holiday or on the weekend. Please see our blog post on this topic for further information.
yvonne shoaf
May 2, 2023 at 10:53 am
I get that they can stop and ask you for ID if they are investigating a crime near by? how do I know this is true? would they have to provide a case # if I asked for it? and if i was somewhere else at the time of the crime and can prove it with receipt, video or other evidence I was not in the area at the time of the crime do I have a right to ask specifics of the crime they are investigating before required to produce ID?
Collett Read LLP
October 4, 2023 at 9:27 am
Police are authorized to detain you pursuant to an ongoing investigation if they have reasonable suspicion that you have information about the situation. Telling the police you have no information may impact this reasonable suspicion. However, if you are being detained, you must identify yourself even if you have no information. Failing to comply may result in your being charged with obstructing police investigation.
Ajay
July 14, 2023 at 9:27 pm
What is the meaning of “the police would only be able to demand your ID if they are investigating a crime they know or suspect might have happened near you.”?
How will I know if police is investigating a crime?
Can police lie about investigating a crime?
Collett Read LLP
October 4, 2023 at 9:49 am
If you are being detained, the police are required to inform you of the reason for the detention. They do not have to give fulsome details about the investigation, but they are not permitted to deceive you.
Ajay
July 14, 2023 at 9:36 pm
Also, do you provide consultancy or training (paid ofcourse) to lay persons (I am a new comer to Canada) about basics of civil right regarding police?
Thing like :
1. What are my rights if I am not detained? If I am detained? If I am arrested? Do the police need a warrant to arrest me?
2. What should I do if police wants to “talk” to me?
3. Can police lie to you?
4. Can I ask their name and badge number?
5. Do I need to provide provide my name and address if police asks that me on the street?
Collett Read LLP
October 4, 2023 at 9:53 am
We do not provide formal consultancy or training, but this blog is freely available and updated regularly. The answers to your questions can be found in various locations of the “Know Your Rights” section.
Withheld
August 4, 2023 at 1:15 pm
Interesting discussion. Can you clarify what you mean by giving ID? In a number of places here, you’ve said things like
“You do not have to show your identification to police if they stop you on the street unless they are investigating a crime that has occurred near you or they are detaining you.”; and
“the police would only be able to demand your ID if they are investigating a crime they know or suspect might have happened near you.”
I assume that—outside of the context of regulated activities like operating a motor vehicle or buying tobacco/alcohol/cannabis—references to providing ID, demanding ID, or even, as in the first quote above, “showing your identification” must actually only mean orally giving your name, address, and birth date, right? Because there is no legal requirement in Canada to actually have an identification card/document at all—much less carry it around—is there? It seems presumptuous to think that I would even have ID on me if I’m out for a run or doing something that doesn’t require ID. This isn’t a police state.
Collett Read LLP
October 25, 2023 at 11:48 am
If you are not reasonably able to show police ID when asked, it is unlikely you will be charged with obstructing justice.
Kory
August 7, 2023 at 10:45 am
I was stopped and told to present my ID. I wasnt told why. When i asked, the cops told me i fit the description of the person who robbed the gas station ½ a block away. I was clearly wearing company shirt and a Headwear. Im was pretty sure this reason was false because i have long hair, and most men have short. Could i have refused to ID myself and demand to be transported to the person that saw the robber to physically ID that it wasnt me? Do we not have laws stating we dont have any obligations tonhelp in police investigations?
Collett Read LLP
October 25, 2023 at 11:51 am
There is no law stating that individuals are not required to assist with police investigations. In fact, you can be charged for obstructing police officers in the lawful execution of their duty. If the police have reasonable suspicion that you are connected to an offence, they can detain you for investigative purposes (even if they turn out to be wrong). Failing to provide identification in these circumstances could be considered obstruction of a police investigation.
Peter Paul
August 13, 2023 at 4:52 pm
Is there a difference between being on/around the POST scene of crime versus being on the scene WHILE a crime is committed?
For greater clarity: A rights auditor that arrives on the scene AFTER the fact (police already present), do police have a right to ask for their ID simply because he’s there?
Collett Read LLP
October 25, 2023 at 11:53 am
Police can detain anyone they reasonably suspect has a connection to the offence they are investigating, regardless of the time they arrive on “scene.”
Jason Barr
September 29, 2023 at 10:55 am
What if I want to record police arbitrarily while they are investigating someone, and they try to ID me because they suspect I’m recording because I’m involved with the investigation somehow? Would they need more reasonable suspicion?
Collett Read LLP
October 25, 2023 at 11:46 am
To detain you for investigative purposes, police must have reasonable suspicion of a “nexus” between you and the offence they are investigating. The mere fact that you are recording the police is likely not sufficient to to ground reasonable suspicion of such a nexus; they need more of a clear connection between you and the offence to actually detain you.
David
October 23, 2023 at 4:43 am
What if a person doesn’t have any ID and is asked to provide ID. For example, I do not drive, and have never had a driver’s license. I do not bring my wallet with me when I leave the house if I do not intend to make a purchase to avoid spending money out of budget unintentionally. If asked to provide ID, I do not have any…what happens then?
Collett Read LLP
October 25, 2023 at 11:30 am
If you are not reasonably able to show police ID when asked, it is unlikely you will be charged with obstructing justice.
Joel Young
November 8, 2023 at 6:22 am
This question is sort of the reverse of other questions: Is there any reason why I should NOT show my ID to police when they ask for it? Even if I’m only walking down the street, and an officer asks without articulating any particular reason, what harm can come from simply showing my ID?
Collett Read LLP
November 8, 2023 at 11:18 am
When conducting an investigation, it is important for police to know the identity of potential witnesses and informants. There is no real reason why you should not show police your identification in this situation. If you are stopped for a random “street check” and are wary of getting arrested/charged without cause, know that you are not required to show your ID. However, complying with police demands is typically the safest course of action.
Doug Walker
December 2, 2023 at 8:15 am
ID requirements are as follows:
✓ traffic stop
✓ officer feels they have reasonable suspicion you may be connected to a crime
✓ detention
✓ arrest
Anything else is your choice…. CORRECT?
Thank you so much for this! I am the kind of person that would demand that a police officer tell me why he is pulling me over before surrendering my information. I will be sure to shut up and just give them the info if stopped for any reason!
Collett Read LLP
December 18, 2023 at 1:12 pm
Yes, it is always best to comply with police – even if they are being unreasonable (which they often are!).
Noah Body
January 11, 2024 at 11:08 pm
I am very confused after reading the replies to the comments about when I have to identify myself to a Police Officer.
I am 64 years old and decided to educate myself extensively on Canadian Law, especially pertaining to Police interactions in public. My wife says I have acquired 10,000 hours based on how much time I spend reading Canadian law books.
I have to say, I have never once read where a Canadian citizen has to relinquish his ID if a Police Officer says he is investigating a crime. That would open the door to a “stop and search” Country if that were true.
Upon detainment, I am offered the opportunity to speak to a lawyer and only then, if the lawyer says that this is the law, I would ever give my details.
I will say this, to show that laws can be bent in favor of the Police. Arbitrary detention is being detained unlawfully, that is in the Charter of Rights, but if the detention is only verbal and lasts less than 15 minutes, a Judge would say that the citizen was merely inconvenienced and not really detained. If the detention lasts longer than 15 minutes, then the citizens truly has grounds for a formal complaint.
Reading here that I am obligated to hand over my papers because I witnessed a car accident really and truly hits a nerve with me, this is the very first time I have ever heard of this …now I’m off down THAT wormhole again to fact-check this.
Could it be a Province wide law only? … no, it couldn’t … I’m in Nova Scotia, but there are only 3 provinces in all of Canada that do not have Civil Forfeiture Laws on the books, North West Territories, Prince Edward Island, and Newfoundland, so who knows .. time to grab a coffee and start down that wormhole.