Thread: Toronto Fixed
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Old 08-02-07 | 08:14 PM
  #28608  
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iherald
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Originally Posted by cavit8
Yes, but you are not required to show ID. Note subsection 4.

Section 218 of the highway traffic act

218. (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself. R.S.O. 1990, c. H.8, s. 218 (1).

(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer. R.S.O. 1990, c. H.8, s. 218 (2).

(3) For the purposes of this section, giving one's correct name and address is sufficient identification. R.S.O. 1990, c. H.8, s. 218 (3).

(4) A police officer may arrest without warrant any person who does not comply with subsection (2). R.S.O. 1990, c. H.8, s. 218 (4).

You might argue that if you're not contravening the act you don't, but if you take that tack, remind the police officer that you pay his salary.
There was a case I remember where a kid rode through a stop sign on a bike. He was pulled over and didn't feel it was his duty to provide his name. The court agreed (this was likely before the HTA section) but the court said that the cops have the right to determine his name, so it was fair for them to throw him in jail for 38 hours while they did that.
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