legal advice on when you need to show ID to police in canada 

"If we don't assert our rights then there really is no point in having rights."

Nice to see some advice for us Canadians. Thank you.

Video is very much needed. THANKS. Our police are no better trained than most US police, and are used to demanding ID of anyone, anywhere. One time in a Winnipeg Police Station, I tried to get police help to retrieve a stolen camera but the desk officer said a crime hadn't been committed. I didn't agree and wanted to look up the Criminal Code of Canada myself. I politely asked for his copy of the Criminal Code. The cop just laughed in my face. "We don't have that here." Imagine... the Bible that should be governing their actions religiously, and they think it's ridiculous that anyone would even ask to look at it, since they sure haven't looked at for years.

If they stop you and try to say a crime was reported in the area and you are in the area, thereby giving them probable cause to approach you, the first thing you ask for is an Occurrence number, this ties their story to fact, not fishing.

In larger cities in Canada, they are no longer police services, but Gestapo.

I was arrested and assaulted by 7 police officers for walking up the street, five minutes away from my home because I apparently threw a small tree branch on the road.. I was ticketed for public intoxication which they forced out of me (I had 3 beers but I get it) and they picked me up and threw me around and finally onto the hood and cuffed me and refused to let me get my bag and hat. I had to go to the station the next day with my mom and dad to set up my community service and diversion program and in my file they miss placed someone else's into mine and accused me of stealing a car and driving it into a tree.. my parents lost it and I still wish we sued the cock suckers for it. Long story short I was 17 when this happened and I had to complete 20 hours of community service and had a 6 month probation for something I didn't even do. I was assaulted for basically nothing but the drinking ticket.. way to go Ontario, way to go Halton regional police.

Ya, right. If you refuse to show ID, the cop just says: "Well, I think you're "so-and-so" and there's a warrant for your arrest, you're under arrest." And off you go until you provide proof of ID. Been there

record any encounters with the police

Police also do their very best to escalate the situation..

We need more information on our rights here in Canada. We're being trampled on. Since last year I've lost most of my love for this country.

Wow this feels like a completely different era from back when actually we had rights and freedoms. We took it for granted for too long folks.

make a new vidieo for 2019

Get a dashcam in your car, they're very inexpensive and even the $40 one I use has HD picture and sound. When you're pulled over, point it at the window where the cop is. Video doesn't lie, so turn the excuse "if you're not doing anything wrong then you have nothing to fear" on the aggressors.

you don't need to see my identification - _waves hand_

55 Police officers don't like this video.

"I am being detained, or am I free to go." This generally forces the issue pretty quick. About 2 years ago, I said this in Victoria. After saying this a few times...I was free to go.

last night i was hassled by the po po because i exclaimed "that is ridiculous" i told them i had no obligation to produce id, and he said that he is "assuming that [i'm] an illegal immigrant" (s im australian, and would need to carry a passport on me 24 hours a day

Could you perhaps go into some detail about the difference between providing your identification and carrying government issued identification? Like when you MUST provide a valid ID versus when you can simply provide adequate information about your person.

Thank you for posting this was very helpful!!!

Thank you for explaining our rights in "layman" terms. I am still unclear on 2 points though. Legally how far do i have to roll my window down? and Does "showing" my ID mean i have to physically surrender it over?

my best friend who is a retired police officer said cops will ask for ID just for random stops. They will lie to you and say you match a description of somebody they are looking for. My response to the cops when they tell me that is "how are we suppose to trust the police when you lie to our faces". They usually get a puzzled look on their faces and tell me to leave. Keep in mind that not all cops will be that passive, some will take that challenge and take it to the extreme.

I think I've had one dealing with police and it was when I caught the people who stole my cell phone and told the transit security I wanted to charge them. I was an upset seventeen year old. The two officers I dealt with were very patient with me and even let me borrow their cell phone to call my parents and let them know I was okay (seeing as how the thieves had ditched my phone and someone else walked off with it). Seeing as how my first (and only) experience was good and school has taught me to trust police, if an officer asks for my ID and tells me why he needs it, I would have no issue showing it to him. Police are people too and as long as they treat me like a person, I will return the favor.

Very helpful information. Thank you for sharing good sir

Thank you very much for this, there is plenty of info for the U.S. but very little for Canada. I live in an area that is considered "high crime" and have been carded several times for being near drug dealers on the street. I will also look at local ordinance regarding cycling, i dont have a horn so I am glad you mentioned that.

In the video you variously speak of showing ID and identifying oneself. But identifying yourself and showing ID are two very different acts. One can be a brief verbal declaration and the other can involve handing over government documents. I think it would be worthwhile speaking to the distinction and what's required when.

OK, I am fairly confident regarding my rights in Canada but here is a situation which left me a bit confused. I was walking on the sidewalk in downtown Victoria BC when I approached an intersection and a cop in a car at the intersection demanded ID. I asked why? He "claimed' that I matched the description of a suspect, I vaguely recall then asking if I was under arrest, at which point he and his partner, clearly pissed off, immediately jumped out and I handed my ID over assuming this was just going to escalate into a situation where I get arrested for obstruction, held overnight, then let go without charge. Something cops due and get away with all the time. Asyou can see this essentially leaves any citizen without these so called "right" as its almost impossible to prove police acted with mailce and would cost a ton for a lawyer to bother pursuing . So, what I am asking is A) Was I still obligated to show ID despite not being told I was being detained or arrested but rather the subject of a supposed match in visible ID? B) Had I refused, and the cops simply arrested me for obstruction, got my ID, held me overnight, then released me without charge would I have any legal recourse? I guess what I am saying is there is "the law" and reality. Reality is if a cop wants your ID, he can get it regardless of your rights because he has, what I have heard reffered to as "tools" or laws like "obstruction", "causing a disturbance" etc that they use to over ride your rights and there is sweet fuck all you can do because most people don't want to go through the humiliation and detention of up to 24 hours just to be let go when they could have just conceded to the State and given their ID.

Wonderful video, thank you. At about 5:40 in the video you state ".. police want to give you a ticket for that you should show identification". Are you really under an obligation to provide them identification, which may have additional information, or only to provide them with your name?

Thank you it was well explained and helpfull. I'm subscribing

I've twice been pulled over and made it clear I do not consent to search only to have the cop take that as grounds to search.. Pull my whole car apart, find nothing, waste an hour of my time treating me like a criminal only to find nothing. Can't stand the fucking police.

thank you for posting this video. we appreciate the information. I believe in our government and the rights of our police to do their work in order to protect us citizens, we just need to make sure that they are not violating the law or using their badge and gun unlawfully.

Amazing work. Thank u so much

Thank you. Very helpful.

Thank you for this upload. Just came here from a torrent of American traffic stop vids, and was seeking relevant local context. I appreciate your efforts, it seems aimed at the practice of police carding in Toronto, Hamilton and other cities. Carding has to stop, please keep this up.

What happened to these rights during the G20 summit??

David, thank you for posting this. Quick question for you. I live in Quebec, and as we know, do not come under common law. Are there any differences for me from what you have described in this video, or does your advice apply in all provinces and territories? Thanks in advance.

Great video. Thanks for this!

Basically all I gathered from this video is you dont have to show your ID to the police unless its under a set of circumstances, those circumstances being pretty much anything and everything that a typical citizen might be doing where a cop may want to see your ID, which ultimately means that anytime your asked by a police to see your ID, you have to show it.

Cops can lie to you or in court, but you can't got it !!

So how does 39(1) of the code work and when do you declare this right? Plus there’s some thing like section 22 or 23 about the police having to show you their id and if they don’t.can be fined around $20k or a year or two in jail

Thank for your advice.

as far as im aware in canada, if you stay polite AND assert your rights, the police will escalate the situation no matter what, they'll lie to ur face, yell, get physical, all in all, just a really bad experience to deal with them. they know nothing of the law, all they know is what they learned at the academy and most of that is learning how to step on your rights and crush em.

I Love to drive older cars and because of this I get pulled over all the time, mostly on the highways. Their reason is always a lie, like we received a call from someone saying a car matching my description was driving erratically, or speeding way over the limit, or if a police car passes me they will u turn and ask if I had my seat belt on because they couldn't tell. I've driven hundreds of thousands of miles as a professional driver in 45 years and received 1 citation for running a yellow when I was 17. I have never ever been pulled over in a new car or work truck.

Fundamental Freedoms 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association

This is great. I'm looking forward to more video's to come.

In the situation you mentioned where the cop wants to write a ticket to a bicyclist, the offense is under the Motor Vehicle Act (provincial), and the cyclist doesn't identify himself....(note: bicyclists are not required to be licensed). the cop charged the cyclist with "obstruction of a peace officer" which is a Criminal Code offense (Not an offense listed in the MVA), even though the Criminal Code (federal) was not being enforced at the time. The Motor Vehicle Act (a provincial statute) has its own definition of a Peace Officer which is different from the Criminal Code and under the MVA there is no offense of Obstructing a Peace Officer under that Act's definition. Can you please give your opinion about the cop filing a federal charge under the Criminal Code when he is actually enforcing a provincial statute, the MVA? It sounds like the cop is confused.

Always record the police! They are legally allowed to lie to you and will. Remain silent, your words WILL be used against you.

Any chance of a video for when you get pulled over? What questions can they ask, or what can the cops legally do?

Good to know! Thanks!

how about an update?

Thank you for sharing this advice. In my city, where I have been a law-abiding, taxpayer for 38 years, I will state my point this way: things have changed with the police in my city. They carry themselves around as if they are THE LAW, not simply enforcing it. They are very aggressive. The city I am referring to is: London, Canada.

Thanks for this video.

I was stopped by a police officer walking home from the bar late at night. It was cold and windy, so I had my hoodie up, my hands in my pockets, and my head down. He stopped me, asked me where I was going, where I was coming from nd tried to trip me up a bit, but never asked for ID. I understand where the cop was coming from: I was a large male, walking down a dark quiet residential street appearing to hide my identity... Guess what I'm saying is: sometimes you have to do a self-check and think about what you're doing and ask yourself "did I do something to make this officer believe I'm a threat to the public?"

So in other words there is really no way to deny a cop of seeing your id. Say you are video recording and a cop demands you to leave and you say I am only watching and making sure all is done correctly by criminals and the police then immediately insist to see my ID. I refuse and that proceeds them to suggest that I am obstructing police. I am Hooped and that is the tactic police use in each and every You Tube video that is in question. I can however decide to plead the 5th whereas they can detain me even longer. No mention or examples of a victim receiving compensation when improper police procedures and or dirty police tactics have been obvious. What we need to hear from the Lawyers, Police Commissioner. The Mayor, The Prime Minister, is that when and if a officer is seen or the evidence would suggest that he used a lame excuse to see your ID by means of dirty tactics, That the officer will be punished and the victim will be handsomely compensated for the whole experience. I'm sick of seeing people stand up for their rights and get the brown end of the stick. The police are rarely corrected and the victims are examples that suggest we must comply or suffer the consequences. It's all backwards. We are not living up to our potential.

I have exercised my rights on several occasions. It is quite the sight to see a cop stop talking and letting you go and leaving you alone. If you have done nothing then leave. You do not even have to utter a word to a cop. just shake your head no. I love using my Canadian given rights. :)

Good information. Extremely helpful. Great idea folks

I use to pick up a coffee at 2AM before walking to work Been stopped on the Sidewalk atleast 4 to 5 times And always the same Questions What are you doing here? Where you coming from Where you Going to............The reason I stopped you is because we have many break in's in the area And you sort of fit the build.....The reason why i stopped you is this is a high drug selling area (Never asked to search me ) The funny thing is They will ask me where are you coming from While i'm holding a coffee every single one of them Never said Hello Or good morning Or talked to me like a human ..So I give what i get ....Officer under the charter of rights i am legally walking on a sidewalk free of weapons And drugs Or in the middle of a crime As of right now respectfully I decline to answer questions Or produce my ID even if you wish to understand my whereabouts You can ask Tim Hortons for the time stamped proof i was there 12 mins ago Or Any of the stores that have cameras along my route Like the one in that window beside your car...may i go?

my Identification was taken out of my room April/ 2016 , I ask and continue to get the run around, never was convicted of a crime by 14th division ,officer A.K is not approachable, my question is will m y I D end up back on the street to another person or be destroyed , I have a photo of my birth certificate with serial number which will help me

Why do they have a right to lie, to us

Do you have to show ID to customs officers while waiting at the departure gate of an airport?

Is this still up to date?

In this age of covid roadblocks on roads now, I'd really like to know more about canadian law about when you're questioned about where you're going, where you're coming from, and really, the same goes for DUI stops and such.. From what I understand that's not things they need to know, but would like to hear it from someone who's got real legal experience in canadian law

Not unless they are charging you with an offense (ie seat belt violation, consuming alchohol etc). Had a lovely debate with an officer about that, which ended with a call to a lawyer friend of mine who spoke to the officer for me. Cop was very aggressive, until he realized I was writing down his description and badge number while he was on the phone.

can anyone tell me what the failure to identify law is in Canada, and if so what is the statute, like for example in texas, usa the statute is 38.02

What is the website address “centre for police accountability” ?

thank you for your help,but what do you do if they lie about the encounter,body camera`s are a must for all police,especially durham region ,where they are becoming notorious gangsters and bullies,always away from public view...

I keep missing parts of this vid. I find myself falling asleep and having to re-watch parts. Remember that this guy is only a lawyer for Corporate contract law. He will only tell you what he was trained to say. Like a dog on a leash. It can be helpful if you see the vague way he delivers it! Never Ever hire these gentlemen. I am being too kind calling them gentlemen.

Thank for the information.

Informative and educational... now I know what to do and say when I'm pulled over in Toronto again

where would the best place to get a book of some sort to learn the common law and learn my rights as a canadian

" i personally dont care what you have to say, but will die for your right to say it" I respect you for this.

For example if im with a group of friends at a park. at we're just hanging out. Can the officer say that they suspect us doing something illegal and thus get our identification? Or would that be obstruct police if we decline?

Is the C4PA still active, their website no exists.

could be chaged...? you can always be charged... any one can be charged at anytime. the thing is 1 the charges being legit & 2. the charge "sticking" as in leading to a punitive response..."never lie to the police" but they can lie to you all they want... either way..... DON;T TALK TO COPS. if a cops starts on you do what you have to under law..and shut our fucking pie whole. no sound no movement, stand at attention r ease and do not respond unless it is to ask for discmissal or something. although i personally explain to them the meaning of detainment first and.

In Halifax the cops will escalate if they want to, it's pretty shitty... If you bring up your rights, they will double escalate the situation.

What about if you're in a vehicle as a passenger and the driver commits a simple driving violation? (Like speeding for example). Do you have to show ID as the passenger?

So does detention carry the same weight in law as an arrest? If not what's the practical difference?

This video is 5 years old. Is this still valid in 2017?

But the police can lie to you!

where do I get one of the No ID card?

We need this info now more than ever

if they want info from you, they'll extract it one way or another. unfortunately, our laws are written in such way to make the cop above any situation. and if they want to died their muscles, you will end up in a worked of pain. that's our reality

I had a RCMP Officer lie to me out right in 1973 .. My knees buckled at the time ... I never trusted the Police after that .. our Justice system in Canada is corrupt , our Trudeau Liberal Gov't is corrupt ..our Provincial Gov't is corrupt ... Canada is fast becoming a corrupt Police Fascist State , sad to say ..Thank Gawd I'm retired.

Thank you a lot!

If my friend who is driving gets pulled over by the police, do i have to show id? I live in southern ontario .

Human beings don’t have to have ID but human products of World Corp do. We no longer have lawful government but a Corporation (World Corp) disguised as lawful government. People have been transformed from human beings into human products that are the property of World Corp for the purpose of generating profit for said Corporation. All human products have product ID numbers created and assigned by World Corp that remain the property of World Corp. A human product cannot communicate with World Corp without presenting their product ID number. And then World Corp will only communicate to you through corporate policy. Lines of communication outside of corporate policy are not heard because World Corp can’t hear human beings only their human products. Politicians, ministers. police and staff are all employees of World Corp with the duty to write corporate rules (acts statutes) and administer and enforce them for the purpose of maximizing revenues and profit from the human products of World Corp. Employees of a corporation always rule over the products they manage. This is why police and acting government officials (corporate employees) no longer serve but only enforce.

Thank you so much for this! Keep uploading videos that will protect us from the police!

can u video tape in a court room...????

what rights do i have when i am pulled over and rcmp want to do a safety inspection on my car. do i have to legally turn on my lights and blinkers to showm them they work.i was pulled over and a officer said doing a safety inspection on my tuck and want me to turn my key forward to check my daytime running lights i said NO..was i right

you cannot do this at a DUI checkpoint,,, if you refuse , you'll end up with your ass kicked and in jail.

I am 19 years old living in Southren Ontario. On multiple occasions, I have been pulled over by police while driving, not committing any crimes. What rights do I have when it comes to interacting with the police in that situation? They ask me for all of my papers, run my plates, then let me go. I think it is absolutely ridiculous that they do it. Unfortunately, I know more about United States laws than Ontario. Anyone have any suggestions or tips?

Thank you . Good to know .

Can we video the police if we are stopped for questioning ?

Wake up people new world order is in here. Every human have to stand up for your rights and all Canadian should get together and help each other to fight back new world order.

In older R.C.M.P training manuals it says "watch out when stopping outlaw motorcyclists because they often have recording devices" now if that's not training a liar then what is...?

i suggest you read the canada constition act 1982... read sections 52 and 32 and re think that some.

Can anybody refer me to where I can find information if it is mandatory to possess an ID card in Canada? The video shows we have to identify if police catch or suspect us of committing an offence, but do we have to have an ID on us on all time or is "full name and date of birth" is sufficient in that circumstances? I know Alberta (my current province of residence) is "selling" ID card for people who don't have driver license, but is it mandatory by law to have such a card if we are not involved in any regulated activities?

Guthrie Alberta case of precedent but do not allow yourself to get scammed into 1. Being a person. and 2 Being a subject of the charter...Section 32 clearly tells you who that rag applies to....type section 32 and heritage into your search engine..your getting scammed by a lawyer into thinking your subject to commercial statute applicable to only corportate entitires carrying corporate ID..Read James 2:9 in the book his boss swore to defend...

if you are operating under common law and there is no injured party as a result of your actions, you have done nothing wrong regardless of a statute saying so...most statutes infringe on a human right...you cannot give up a human right for a government privilege .....all government issued CERTIFICATES and ID are CROWN copyrighted material even the NAME on it, therefore you are committing fraud when you use it. Lawyers are licensed by the state, the same state bringing charges against you , therefore there is a huge conflict of interest as the judge, prosecutor, bailiff, cop and defense attorney are all on the same TEAM. When you don't play their game, they use violence to get you to submit

So when you are pulled over are you legally obligated to answer all the questions whether they are relevant to the stop ie. where are you going? Is this your vehicle? Where are you coming from? What is your phone number? Etc.

R. v. Plummer, [2006] O.J. No. 4530 @ para 16 - it may not be necessary to give id beyond verbally identifying one's self when under investigation for a provincial offence.