Not that I am a citizen!
The Common Law does not require a citizen to identify oneself or carry identification of any sort. Therefore, while it may be the mark of a good citizen (Slave) to identify oneself when asked to do so, a police officer must not use force to compel someone to identify oneself if he or she refuses; otherwise, the officer will be guilty of Criminal assault and liable to civil damages Koechlin v Waugh (1957) 118 CCC 24 ( Ont C.A)
This general rule often places a police officer in a difficult position.
The officer my become suspicious of a certain person's conduct and may simply wish to ask him or her to identify themselves so that the officer can be satisfied that the person is not up to some sort of "mischief" If a person refuses to cooperate, can he or she be charged with "obstructing the police"? Section 129(a) of the Criminal Code makes it an offence to willfully obstruct a public or peace officer in the execution of his or her duty. However, the common law has "never" considered it an offence of obstruction for a person to refuse to identify oneself and thus prevent a police officer from carrying out his or her duties!
No comments:
Post a Comment