Do I Have to Show ID to the Police in Canada? Understanding Your Rights

Sara Santos-Vigneault
Apr 20
2 min read

Police officers conduct an arrest on the sidewalk, with patrol cars parked nearby as bystanders observe the scene.

Knowing your rights when interacting with police is important, especially in situations where officers ask for identification. In Canada, the law surrounding when you're required to show ID depends on the specific circumstances. Here's what you need to know.

When Are You Required to Show ID?

In general, you are only legally required to identify yourself to police in certain situations:

1. If You Are Being Arrested or Detained If a police officer arrests or detains you, they can demand your name and date of birth. This typically happens when they believe you have committed a crime or are about to.

2. If You’re Driving Under provincial highway traffic laws, you must show your driver’s licence, vehicle registration, and proof of insurance when requested by an officer during a traffic stop.

3. In Certain Provinces During a Stop-and-Identify Encounter For example, in Ontario, the Community Safety and Policing Act, 2019 includes rules on when and how police can request identifying information, particularly during street checks (also called "carding"). Officers must inform you that you have the right not to provide your information unless legally required.

When You’re Not Required to Show ID

If you're not being detained or arrested, and you're not driving, you generally do not have to show ID or answer questions. This is true even if an officer approaches you on the street. However, remaining calm and polite is important. You can ask the officer if you are free to go.

What Is a Street Check?

A street check refers to when police stop someone to ask questions without arresting or detaining them. These are also known as "non-detention" interactions.

Provinces like Ontario have introduced regulations to ensure transparency and accountability in how these checks are conducted. Officers must explain the reason for the interaction and provide a receipt confirming the encounter, if information is collected.

What Happens If You Refuse?

If you're legally required to identify yourself (as in a traffic stop or lawful detention) and you refuse, you may be charged with obstructing a peace officer under section 129 of the Criminal Code.

However, if you're not under arrest or detention, refusing to show ID should not, on its own, lead to charges. Still, each situation is fact-specific, and context matters.

Understanding when you must identify yourself to police can help you navigate encounters confidently and lawfully. If you believe your rights were violated during a police interaction, it may be worth speaking to a legal professional.