ie./ If stopped by cruiser cop and asked for ID...what rights do we have and do they have the right to forcibly arrest you if you do not provide the info?
Nothing in it says "use of force" for failure to provide ID. Section 33 of the Highway Traffic Act talks about the requirement to provide the license when stopped:
33. As to carrying licences and surrender on demand
(1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act.
One other thing to add... also in section 33:
(3) Every person who is unable or refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification.
Not producing a license, on its own, isn't grounds for an arrest. If the driver didn't have a license on them and refused to provide a name and address (or provided a fictitious name or address), the officer might think the vehicle is stolen or there's something that warrants further investigation.
OK thank you In the event a person was arrested for failing to provide a drivers licence, what recourse would said person have in dealing with this matter ?
You can sue the cop for false arrest and negligent investigation.
The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.
http://scc.lexum.umontreal.ca/en/2007/2 ... scc41.html
You can also file a complaint against him under s. 56 of the Police Service Act.
http://www.e-laws.gov.on.ca/html/statut ... 0p15_e.htm
You stated the person didn't have their licence with them. They provided ownership and insurance, and gave their proper name. If they gave their correct name that was all that was required by law.
Why was the driver originally stopped by the police?
The cop must have reasonable and probable grounds for arresting the person without a warrant.
HTA s. 217. (2) requires that the officer subjectively have an honest belief that the suspect has committed an offence under any of the provisions of subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, subsection 106 (8.2), section 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1); and objectively there must exist reasonable grounds for this belief.
You can view all of those sections on the link below.
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
Section 217 requires that reasonable and probable grounds exist in fact.
Did the cop also impound the car?
Did the cop take the person arrested before a justice of the peace or provincial judge to be dealt with according to law?
What reasonable and probable grounds for arresting the person without a warrant did the cop give?
What did the JP or judge say?
If the police have stopped this person several times, then the cops know who they are. If the cop does not have reasonable and probable grounds to make the arrest, and I say they didn't based upon the info you provided, then you can also have the cop criminally charged with assault under s. 265.(1)(a) of the Criminal Code, kidnapping and forcible confinement under s. 279.1(a) of the Code.
You can go down to see a Justice and get an arrest warrant for the cop under s. 504 of the Criminal Code.
http://laws.justice.gc.ca/en/showdoc/cs ... I-gb:s_504
The Justices are as corrupt as the cops and you'll never get an arrest warrant signed, though.
The person could've arrested the cop on the spot without a warrant under s. 494 of the Criminal Code. That's too late now, though.
The assault occurred when the cop touched the person against their will. The kidnapping occurs when the cop moves the person from the spot of the false arrest to the police station against their will. The forcible confinement occurs when you're placed in a cell and in some cases even the backseat of a cop car against your will.
The person provided ownsership and Insurance, both of which provide the name of the person. Since the person gave his proper name in lieu of the driver's licence, which is all that is legally required under s. 33(3), the cop has made a false arrest.
***EDITED BY FORUM***
http://www.e-laws.gov.on.ca/html/statut ... 0h08_e.htm
As to carrying licences and surrender on demand
33. (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).
Same, re novice driver rules
(2) Every accompanying driver, as defined under section 57.1, shall carry his or her licence and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. 1993, c. 40, s. 3.
Identification on failure to surrender licence
(3) Every person who is unable refuses to surrender his or her licence in accordance with subsection (1) or (2) shall, when requested by a police officer or officer appointed for carrying out the provisions of this Act, give reasonable identification of himself or herself and, for the purposes of this subsection, the correct name and address of the person shall be deemed to be reasonable identification.
Arrests without warrant
217. (2) police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of ... section 33 (3), ... has been committed, may arrest, without warrant, the person he or she believes committed the contravention. R.S.O. 1990, c. H.8, s. 217 (2); 1993, c. 40, s. 8; 2009, c. 5, s. 55.
Arresting on view
(3) Every person may arrest without warrant any person whom he or she finds committing any such contravention. R.S.O. 1990, c. H.8, s. 217 (3).
Arrest without warrant for contravention of subs. 177 (2)
(3.1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if,
(a) before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or
(b) the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention. 1999, c. 8, s. 7 (2).
Detaining vehicle when arrest is made
(4) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, may detain the motor vehicle with which the offence was committed until the final disposition of any prosecution under this Act or under the Criminal Code (Canada), but the motor vehicle may be released on security for its production being given to the satisfaction of a justice of the peace or judge. R.S.O. 1990, c. H.8, s. 217 (4).
Exceptions to release of motor vehicle
(4.1) A motor vehicle shall not be released under subsection (4) if it was removed, stored, detained or impounded pursuant to any provision of this Act other than subsection (4) of this section. 2007, c. 13, s. 24.
Care and storage charges
(5) All costs and charges for the care and storage of a motor vehicle detained under subsection (4) are a lien upon the motor vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. R.S.O. 1990, c. H.8, s. 217 (5).
Duty of person arresting without warrant
(6) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, shall, with reasonable diligence, take the person arrested before a justice of the peace or provincial judge to be dealt with according to law.
Defence of Person
Self-defence against unprovoked assault
34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.
Extent of justification
(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
Self-defence in case of aggression
35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.
37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.
Extent of justification
(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
http://laws.justice.gc.ca/en/showdoc/cs ... _1-gb:s_34
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
http://laws.justice.gc.ca/en/showdoc/cs ... gb:s_264_1
279. (1) Every person commits an offence who kidnaps a person with intent
(a) to cause the person to be confined or imprisoned against the persons will;
http://laws.justice.gc.ca/en/showdoc/cs ... I-gb:s_279
CoolChick, the simplest way to go about it is to file a complaint directly with the police force (e.g. their Professional Standards Bureau), or, if you'd rather go to an oversight body, go to the Ontario Civilian Commission on Police Services.
If the officer's conduct was excessive or inappropriate, they can file charges against him. Talk to them and see what they say. The other avenue is a lawsuit, as was mentioned above.
Thank you so much all of you for replying. I will read all your responses through over and over thoroughly and take action.
Later after his release he told us the facts. He was stopped for absolutely NO reason...
Was the car impounded?
What did the justice say when your son was taken before him?
You have the cop on tape admitting he puched your son?
Thank you Radar, I will...I wonder if they are there on a Sunday?!
quote by Radar Identified :
Wow. Call the Ontario Civilian Commission on Police Services ASAP. Take extensive notes of everything you saw and witnessed. Get medical treatment for his injuries and inform the doctor of everything that happened. Get any and all medical reports that he has. Also, any scrap of evidence that you managed to record, submit that as well. The more evidence the OCCPS has, the better.
You may also want to have a consultation with a lawyer. Good luck with it.
Hi again Radar... I called the occps, but they open tomorrow morning.... so will call back tomorrow. The number if anyone else needs it is: 1-888-515-5005
Thank you again you cannot imagine how grateful I am... I really mean it ...
I believe you have to file a complaint through the Police Service Act before OCCOP will look at your matter.
This cop is in a lot of trouble but the system is so corrupt hell probably get away with it all.
The cops can stop you at any time to check documents, which is what they did.
http://scc.lexum.umontreal.ca/en/1988/1 ... 1-621.html
But your sone never violated any law, and could not be arrested or even charged with anything.
Five or six cops on the scene too. LOL.
Get all the names of the cops and make a request for disclusore of their notes or Freedom Of Information request for a copy of their police notes.
HTA s. 217(6) also required the cop to take the person arrested before a justice of the peace or provincial judge. The cop didn't do this and instead issued him an appearance notice under the Criminal Code.
Moreover, s. 129 of the Criminla Code is a dual procedure offence, meaning it is an indictable offence or an offence punishable on summary conviction.
You cannot be arrested for dual procedure offences when they know your identity.
http://www.e-laws.gov.on.ca/html/statut ... .htm#BK339
Duty of person arresting without warrant
217(6) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, shall, with reasonable diligence, take the person arrested before a justice of the peace or provincial judge to be dealt with according to law.
http://laws.justice.gc.ca/en/showdoc/cs ... V-gb:s_119
Offences relating to public or peace officer
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty of
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction.
Arrest without warrant by peace officer
495. (1) A peace officer may arrest without warrant
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
(2) A peace officer shall not arrest a person without warrant for
(a) an indictable offence mentioned in section 553,
(b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or
(c) an offence punishable on summary conviction,
in any case where
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the commission of another offence,
may be satisfied without so arresting the person, and
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.
Consequences of arrest without warrant
(3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of
(a) any proceedings under this or any other Act of Parliament; and
(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).
http://laws.justice.gc.ca/en/showdoc/cs ... o-ga:l_XVI
This case is laughable.
He was being arrested for some offence.
He was not charged with the offence he is allegedly being arrest for.
He is charged with resisting arrest on a charge that was never laid.
I am going to take the time to go over all of this and really fully understand what is happening (thank you)
We now also have an interesting twist of fate....
Make several copies of the video and cell phone tape you have of the cop admitting to hitting your son. Do not leave all copies in your home. Have a copy elsewhere. Cops will break in and steal your copies if they know its going to hang one of their own. Video tape the ownership and insurance skip in the bag, and also keep the bag.
This cop is in a lot of trouble.
I believe its all connected. Whether it is or isnt doesnt matter.
The cop could not arrest your son, as he did not wrong. The cop never charged him with anything so how can he be arrested for resisting arrest or obstructing when no charges were laid?
The dual procedure offence only applies to the obstruction charge, but again, how can you be resisting arrest when no charges were laid.
This cop is an idiot.
Thank you Lawman I will do what you suggest, It is really worrying me what they are capable of... I feel like staying somewhere else with my sons... I really do...
Oh and I should also point out that two officers inside a mini van were sitting outside our home last night for two hours....
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