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No ID Card
Having to carry identification and present it to police was a legal cornerstone of totalitarian regimes such as Nazi Germany and apartheid South Africa. In Canada, there is no general requirement that a person carry ID and there is no general police power to detain, arrest, or search a person who refuses to provide identification.
Except in limited circumstances, it is not an offense to refuse to identify yourself. It is your right to refuse. What good are our rights if we don’t use them? Be part of the NO ID Campaign. Carry a card and exercise your right to refuse.Remember, sometimes you have to show police ID.
Order cards: send cheque or money order to 400-197 Spadina Avenue, Toronto ON M45T 2C8.
Cost – send us whatever you think is fair.
Print your own cards. Download NO ID card PDF. Click here to download
When do I have to show the police identification?
Except in limited circumstances, you do not have to tell police your name. Police cannot arrest, detain or search you just to find your ID.
However, sometimes you must identify yourself to police.
You must show ID to police if you are doing a licensed or regulated activity. For example, if you are driving a car you have to show ID to prove that you are licensed. If you are drinking alcohol in a bar, or watching a restricted movie, you may have to show ID to prove that you are old enough to do so.
You must provide your name to police if they want to give you a ticket. For example, you must identify yourself if you have been found j-walking, trespassing, drinking in public, or biking without a bell or light. If you do not identify yourself to avoid getting a ticket, you may be criminally charged with obstructing police.
If you have been arrested and you don’t give the police your name, they may not release you.
Read more
Guide to Suing the Police in Small Claims Court
If you cannot retain a lawyer, you might consider representing yourself and suing the police in Small Claims Court.
Need help writing a Statement of Claim? Check out these sample claims.
Mitchell SoC ISSUED 2018 03 23
Stewart SoC March 15 2011
The Pivot Legal Society has produced a useful booklet for people suing in BC:Booklet – How to Sue the Police and Private Security in Small Claims Court.
If you want to sue the police in an Ontario Small Claims Court, check out this useful guide:
Be careful and use these guides at your own risk. These guides may not be up to date.
You will need legal cases to support your claim. Check out our Legal Library.
Read more
Police Complaint Samples
Making a police complaint should be fairly straight forward. You do not need a lawyer, but you should retain a lawyer if you can to assist you to get the best possible outcome. You might also consider asking a social worker or some other professional to assist you with the process. Every province has a different procedure for making police complaints. There will be a central agency that accepts the complaints. Using Google you can easily find the agency responsible for investigating complaints where you live.
Here are a few sample police complaints that can give you an idea of the information you should include in your complain. These samples are for reference only. Legislation referred to in the complaints will only be applicable in Ontario so you should remove those references if you are making a complaint in another province.Sample 1:
– Police Complaint Mike SanchezSample 2:
– Police Complaint of Mathew Clinton
Sample 3:
– Police Complaint Sam Smith
Sample 4:
– Police Complaint Chris Rosen
Read more
Firearms: Vehicle Stops and Searches
What should you do if you are driving a car with your firearms and you are stopped by police?
If you are stopped by the police and you are the driver of a car, you must produce your:
- driver’s licence,
- vehicle registration, and
- proof of insurance. Police may ask you other questions about passengers or items in your vehicle. You and any passenger do not have to answer any further questions.
Remain calm and be polite. Record the interaction with your cell phone (only after you have parked) or have a passenger record using their cell phone.When you are traveling with firearms, make sure you follow all the regulations regarding lawful transportation.
If a police officer can see that you have firearms, they may ask you to show that you have a PAL. If you would like to avoid this scenario, keep firearms in the trunk of your car where they cannot be seen. Firearms cannot be disguised by keeping them in a case that suggests they are something else (like a case for a musical instrument). You could be charged with carrying a concealed weapon.
If a police officer asks for your PAL, you must provide it. If you do not, a police officer can seize your firearms (Criminal Code s. 117.03). They will be returned to you, but you will have to go with your PAL to a police station. If you are travelling with restricted firearms, you must be able to provide your registration certificate. It’s a good idea to make copies of your registration certificates and keep them with you when you travel with restricted firearms.
It’s OK to ask questions and/or say:
- Why have I been pulled over?
- Am I being detained?
- I would like to call a lawyer
If a police officer asks to search your car tell them that you do not consent. Never consent to a search. You can say this in a nice way, “Respectfully officer I am not consenting to any search.” Blame a lawyer, “I’ve talked a lawyer about vehicle searches and I was told never to consent to a search.” Ask them if they have a warrant. If police have the lawful authority to search your car, they will not ask for consent. If they are asking for your consent, that probably means they don’t have lawful authority for a search.
Everyone has the right to be free from unreasonable search and seizure. Police cannot search your vehicle for no reason. If police search your car, do not interfere with them. Do your best to record what they are doing. If you interfere with them, you may get criminally charged with obstruct police. Never lie to the police. Lying to police can also lead to criminal charges. It’s better to say nothing and exercise your right to remain silent.
Be safe. Don’t make sudden movements. If you are reaching for something in your pocket or the glove box, tell the police what you are doing first.If you get into legal trouble, call Charney Law – 647-346-9247 – www.charneylaw.ca
Read more
No ID Card
Having to carry identification and present it to police was a legal cornerstone of totalitarian regimes such as Nazi Germany and apartheid South Africa. In Canada, there is no general requirement that a person carry ID and there is no general police power to detain, arrest, or search a person who refuses to provide identification.
Except in limited circumstances, it is not an offense to refuse to identify yourself. It is your right to refuse. What good are our rights if we don’t use them? Be part of the NO ID Campaign. Carry a card and exercise your right to refuse.Remember, sometimes you have to show police ID.
Order cards: send cheque or money order to 400-197 Spadina Avenue, Toronto ON M45T 2C8.
Cost – send us whatever you think is fair.
Print your own cards. Download NO ID card PDF. Click here to download
When do I have to show the police identification?
Except in limited circumstances, you do not have to tell police your name. Police cannot arrest, detain or search you just to find your ID.
However, sometimes you must identify yourself to police.
You must show ID to police if you are doing a licensed or regulated activity. For example, if you are driving a car you have to show ID to prove that you are licensed. If you are drinking alcohol in a bar, or watching a restricted movie, you may have to show ID to prove that you are old enough to do so.
You must provide your name to police if they want to give you a ticket. For example, you must identify yourself if you have been found j-walking, trespassing, drinking in public, or biking without a bell or light. If you do not identify yourself to avoid getting a ticket, you may be criminally charged with obstructing police.
If you have been arrested and you don’t give the police your name, they may not release you.
Read more
Guide to Suing the Police in Small Claims Court
If you cannot retain a lawyer, you might consider representing yourself and suing the police in Small Claims Court.
Need help writing a Statement of Claim? Check out these sample claims.
Mitchell SoC ISSUED 2018 03 23
Stewart SoC March 15 2011
The Pivot Legal Society has produced a useful booklet for people suing in BC:Booklet – How to Sue the Police and Private Security in Small Claims Court.
If you want to sue the police in an Ontario Small Claims Court, check out this useful guide:
Be careful and use these guides at your own risk. These guides may not be up to date.
You will need legal cases to support your claim. Check out our Legal Library.
Read more
Police Complaint Samples
Making a police complaint should be fairly straight forward. You do not need a lawyer, but you should retain a lawyer if you can to assist you to get the best possible outcome. You might also consider asking a social worker or some other professional to assist you with the process. Every province has a different procedure for making police complaints. There will be a central agency that accepts the complaints. Using Google you can easily find the agency responsible for investigating complaints where you live.
Here are a few sample police complaints that can give you an idea of the information you should include in your complain. These samples are for reference only. Legislation referred to in the complaints will only be applicable in Ontario so you should remove those references if you are making a complaint in another province.Sample 1:
– Police Complaint Mike SanchezSample 2:
– Police Complaint of Mathew Clinton
Sample 3:
– Police Complaint Sam Smith
Sample 4:
– Police Complaint Chris Rosen
Read more
Firearms: Vehicle Stops and Searches
What should you do if you are driving a car with your firearms and you are stopped by police?
If you are stopped by the police and you are the driver of a car, you must produce your:
- driver’s licence,
- vehicle registration, and
- proof of insurance. Police may ask you other questions about passengers or items in your vehicle. You and any passenger do not have to answer any further questions.
Remain calm and be polite. Record the interaction with your cell phone (only after you have parked) or have a passenger record using their cell phone.When you are traveling with firearms, make sure you follow all the regulations regarding lawful transportation.
If a police officer can see that you have firearms, they may ask you to show that you have a PAL. If you would like to avoid this scenario, keep firearms in the trunk of your car where they cannot be seen. Firearms cannot be disguised by keeping them in a case that suggests they are something else (like a case for a musical instrument). You could be charged with carrying a concealed weapon.
If a police officer asks for your PAL, you must provide it. If you do not, a police officer can seize your firearms (Criminal Code s. 117.03). They will be returned to you, but you will have to go with your PAL to a police station. If you are travelling with restricted firearms, you must be able to provide your registration certificate. It’s a good idea to make copies of your registration certificates and keep them with you when you travel with restricted firearms.
It’s OK to ask questions and/or say:
- Why have I been pulled over?
- Am I being detained?
- I would like to call a lawyer
If a police officer asks to search your car tell them that you do not consent. Never consent to a search. You can say this in a nice way, “Respectfully officer I am not consenting to any search.” Blame a lawyer, “I’ve talked a lawyer about vehicle searches and I was told never to consent to a search.” Ask them if they have a warrant. If police have the lawful authority to search your car, they will not ask for consent. If they are asking for your consent, that probably means they don’t have lawful authority for a search.
Everyone has the right to be free from unreasonable search and seizure. Police cannot search your vehicle for no reason. If police search your car, do not interfere with them. Do your best to record what they are doing. If you interfere with them, you may get criminally charged with obstruct police. Never lie to the police. Lying to police can also lead to criminal charges. It’s better to say nothing and exercise your right to remain silent.
Be safe. Don’t make sudden movements. If you are reaching for something in your pocket or the glove box, tell the police what you are doing first.If you get into legal trouble, call Charney Law – 647-346-9247 – www.charneylaw.ca
Read more