If a police officer is in plain clothes, they must tell you they are a police officer before trying to arrest, detain, or search you.
If a police officer is uniformed, they do not have to tell you they are an officer, but if you ask, they must provide their name and badge number.
Police usually have to identify themselves before entering your home or private property.
If police officers have improperly identified themselves to you or illegally entered your home, consult a lawyer immediately. Our Hamilton Criminal Lawyers are available 24/7 to help. Call (905) 541-2228 or fill out a free consultation form.
29 comments
Cara
A police officer pulled me over I asked him his name and badge number he said he didn’t have a name and he gave me a false badge number I have this recorded was what he did okay or is that a breach of my charter of rights in any way I do have him recorded saying the false badge number and saying that he didn’t have a name
Collett Read LLP
That behaviour is impropper and not in line with the officer’s legal obligation. However, not all legal obligations stem from the Charter. You do not have a right under the Canadian Charter of Rights and Freedoms to be told an officer’s name or badge number. As such, in such a situation, the officer would not violate your Charter rights, although they also would not meet their own legal obligations.
Rick Shaw
If a police officer in uniform is walking down the street and I approach him and ask him for his name and badge number is there a law/policy that he must supply it to me ?
Miguel
Is a uniform police officer required to display his badge during a traffic stop ?
Collett Read LLP
If asked, yes.
PAULUS.H BOLAND
RCMP in Sherwood Park stole my private property I called the RCMP twice and twice they refuse to give me their name and badge number the RCMP in Sherwood Park have stolen property of mine that I want back immediately thank you kindly
Paige
Are officers allowed to climb onto my first floor balcony? Multiple officers had their SUV pull into my parking lot so they could climb up and then started looking in the window and attempted to open the balcony door. They left after I continuously asked if they had a search warrant and threatened to call my lawyer.
Collett Read LLP
You are correct that police generally need a warrant before searching residential premises unless there is an emergency safety concern. Without a warrant, any evidence seized may be inadmissible at trial. You can also report improper police conduct to the Office of the Independent Police Review Director (OIPRD).
Collett Read LLP
The police are allowed to seize your property if it is evidence from a crime, if the property is illegal, if you are not the legal owner, or through a civil forfeiture.
If you are legally entitled to the property, the police usually return it within 3 months. If this does not happen, contact the police and make a request.
Chris Hoff
Watching the Riot Police in Ottawa today. I do not see names or Badge numbers on the ones with Billy clubs. If they do not ID themselves are they operating under the law?
Collett Read LLP
Typically riot police have their identification numbers on the front of the helmet on their crowd control uniforms, this serves as a form of identification and a way to report or follow up with an officer if need be.
Sean
What are the relevant acts and regulations requiring a police officer in Canada to provide name and badge number
Dianne Woodhouse
Why would a peace officer stop me for a roadside check and write me a ticket using another RCMP officers name and badge number? I was very concerned and got no answers from the detachment.
Thank you
Collett Read LLP
This would depend on whether or not there was another officer facilitating the roadside check or assisting the officer who questioned you.
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).
Khara Zorel
If I ask an officer for his badge number and he refuses, what can I do to try and find him to file a complaint?
Collett Read LLP
An officer must give their name and badge number when a citizen inquires about it. This stands true except if the officer is in an undercover operation, and their physical safety or the police operation would be jeopardized by them making such identification.
If the officer refuses to provide their badge number, or any other mode of identification, you can try and search for their name and badge number on their uniform or note down the police officer’s cruiser number for your records. You are then able to file a complaint with the Office of the Independent Police Review Director (OIPRD).
A
You’re saying the must provide their name and badge when asked, but you also said it’s not in the charter. Is there any law to support that they “must”. Why do you say they must provide it if it’s not in the charter?
Collett Read LLP
Not all laws come from the Charter or even from the Criminal Code. This is an example of a common law, established by judges’ decisions in previous similar cases.
Nicholas
The way you can do this is by being respectful and hopefully getting his/her info but keep the date of the stop and when leaving try and get the police unit car number ex unite 1902
Michael
Is any of this concerning police identification covered by the Charter or the Constitution?
Collett Read LLP
No, police identification is not covered in the Canadian Constitution or the Charter of Rights and Freedoms.
B.Hendwrson
It’s great for you to say that,”the police must give a citizen his/her name & badge # wgen a citizen requests it from him/her”, BUT you failed to site the Police policy to support what you stated!
Collett Read LLP
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.
Russ Salberg
What if they are in an unmarked car, it’s dark, no emergency equipment on, and you can’t see the uniform because they are shinning a flash light in your eyes. Can you just drive away to a well lit area?
Robert David Neil Clarke
I was recently told by an RCMP officer named [Redacted] that officers do not have to give their badge numbers and names to the public when they’re involved in a file.
Collett Read LLP
That RCMP officer was incorrect. Police are required to give their name and badge number when asked.
Collett Read LLP
If the police have pulled you over in an unmarked car, and the officer is not in uniform and does not tell you that they are an officer, you can ask them for their name and badge number, which they must provide.
If you have been pulled over and the officer has identified himself/herself as a police officer, you should not drive away as the police are legally able to conduct a brief and focused investigation at the roadside.
Collett Read LLP
Police are required to provide their badge number if asked, when they are arresting you or detaining you for investigation.
Collett Read LLP
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.