When Do You Legally Have To Provide ID To Police In Canada?

You’re walking down the street minding your own business on a beautiful Sunday afternoon, and a police officer approaches to you and demands to ask for your name and your identification. What are your rights in this situation? Well, I’m going to break it down for you. In Canada, basically, you do not have to provide identification to police, but there are exceptions to that. There’s exceptions to every rule. So that’s the general rule, but let’s break down the exceptions and give you some scenarios. So, for example, if you’re driving a motor vehicle, you are a licensed motor vehicle operator, you’re driving your car, the police are allowed to pull you over just to check mechanical fitness, your license, registration, and under the Highway Traffic Act, you have to identify yourself. You have to show them your license, your ownership, your registration, and identify your name. Beyond that, you don’t have to answer any questions, but sometimes it pays to be a bit cooperative, in the sense that where you’re coming from, if you’re a law abiding citizen, it wouldn’t hurt to answer that, but you don’t have to, but do identify yourself, because if you don’t, you could be charged under the Highway Traffic Act, under the appropriate section. So that’s a very important distinction to make for driving now in terms of being arrested or detained for a crime. So let’s say the police arrest you, they placed you under arrest for assault and whatnot, and they brought you back to the police station. Well, typically, you’re going to have your ID on you, or they’re going to see that. But do you have to give your ID in this situation? Well, you do have a right to remain silent, but under this situation, you are required to at least identify yourself. So, I would do that. In that situation, I advise people at least, identify yourself with your ID, and that’s it. I would remain silent. After that, exercise your right to remain silent, ask to speak to a lawyer. So that’s a very important point. So there’s another exception. So let’s take a witness to a crime. You see a crime in progress, and you happen to be at the scene when the police arrive, or you’re a bystander. Now, in that particular situation, the police come up to you, they’re going to want to take a witness statement. That’s entirely up to you. You feel you may feel more morally obligated to give your ID and Name and give a witness statement, or you can choose not to. You can say, look, in that situation, if I didn’t want to give a statement, let’s say I just saw a mafia hit, and I know I’m going to get killed if I give a statement. Just as a crazy example. I don’t know if I give my ID in that situation. When I might say, I might say, look, Am I under arrest or detention? If the officer says no, I might leave. Or in most situations, personally, I would feel morally obligated if I saw most crimes, except for maybe that one. A mafia hit, not good, because you’re going to might wind up dead yourself once they figure out you’re witness. So but you can, all kidding aside, aside from the joke there, all kidding aside, you can’t. You don’t have to provide your ID if you’re just witnessing, you don’t have to give any statement. So that’s very important distinction. Now, another troubling thing that’s gone on Ontario in recent years is random street checks. They call it carding. This unfortunately, has led to a lot of prejudice. You know, people stopping marginalized, black people, citizens, Aboriginals, way in excess numbers, and this has been heavily criticized. So if the police stopped you in this situation, do you have to say your name and give ID? No, you absolutely do not. If I was stopped in that situation, I would typically sit look, Am I under arrest or detention? And if they say no, I will leave. If they say yes, then that’s a different situation. You’re going to be charged with a criminal offence, and then ultimately, you’d have to give your ID. Now if you’re charged with a criminal offence, and you refuse to ever state your name, which I would advise you to if you’re charged with criminal offence, just do that. That’s it. Your idea, name, nothing more, nothing else. Shut up after that. If you don’t do that, and the police can’t figure out that or confirm that, and you’re trying to hinder their investigation, there’s a slight possibility you can be charged with obstruct justice. So that’s an important point. So let me give you another example, common example, you’re at a public protest or a public gathering, and let’s say you remember the trucking gathering at the protests in Ottawa, would one of those people have had to give their ID? No if the police officer went up to them, you could refuse to talk to them. You could refuse to provide your ID. You’re exercising your right to protest, say at Queens Park, just with placard or a sign and no obligation. Now, in that situation, I would say the same thing, at least, Am I under arrest or detention? And they say, No, I would walk away. Or you’re free to walk away. That’s up to you. I mean, sometimes, so I can put it this way, if you’re not doing anything wrong, in a way, what’s wrong with giving your ID? Because the police officer might get ticked off. Mean, you got a weigh the situation, some police officers going to get ticked off, but those are your rights, I must say. But the bottom line is, there’s exceptions. If you’re uncertain of the situation, just ask the police officer if, as I mentioned several times, Am I under arrest or detention? If they say no, well, sir, sorry, I’m not going to give my ID, and I’m leaving and see what see the officer responds to that. So those are the situations. There are exceptions. That’s the general rule. We live in a free society; we expect that the police aren’t going to bother us for no reason. But I’ll tell you this carding situation that went on in Toronto and other cities that was very concerning, because it was no question that was extreme prejudice shown with there was an unseemly number of marginalized citizens of, you know, prejudice exhibited by data, that the statistics explore, that out so but be very careful. I always say, Listen, assess the situation. Is it going to hurt to at least say your name? Maybe it’s going to diffuse the situation, but that’s totally up to you, but you’ve got the exceptions, you’ve got the rules, and exercise your rights if you want to. Thank you for watching our video.