The rule of thumb in Quebec is that a police officer must have a LEGAL reason to force you to identify yourself. There are many situations in which you are legally bound to do so:
– Persons arrested for a penal offence (this commonly means receiving a ticket) and informed by the police officer of the offence they are charged with must provide their name, their address as well as the required information to confirm the accuracy of this information.
– Drivers stopped by a police officer under the Highway Safety Code must also submit certain information. This includes their driver’s license, vehicle registration and proof of the insurance for the vehicle.
– Persons put under arrest by a police officer for a criminal offence must also identify themselves at the officer’s request.
Some clients complain that a police officer demanded their ID card without even notifying them of what they are charged with. People also ask why mere witnesses of an incident or the friends of someone under investigation were forced to identify themselves for no valid reason.
It is not easy for a citizen to know on the spot whether a police officer is acting legally or not. This is why we believe that if a police officer demands you identify yourself, it is more prudent to cooperate. There is a simple reason why: if it turns out that the officer was right to ask you to identify yourself, charges of obstruction may be laid against you if you refuse. Also, the police officer may detain you during his investigation carried to identify ourself. Finally, remember that the police report that will be filed at the Prosecutor’s office to explain what happened will be written by the officer, not by you. Therefore, your version of the facts about the so-called obstruction may theoretically only be heard by the Judge, much later, during the trial.
