Open letter to WRPS Chief of Police and Chair of Police Services Board

Chairperson Tom Galloway

Waterloo Region Police Services Board
200 Maplegrove Road, Cambridge ON N2H 6S8

AND

Chief Matthew Torigian
Waterloo regional Police Service
200 Maplegrove Road, Cambridge ON N2H 6S8

Dear Mr. Galloway and Mr. Torigian:

Cases continue to come to my attention where officers with the Waterloo Regional Police Service (WRPS) are illegally stopping, arresting and searching people who refuse to provide identification.

The following cases highlight the problem:

On February 18, 2010, a lawyer and colleague of mine, Jeffery Garland, was unlawfully detained and then arrested, handcuffed and searched by WRPS officers after he refused to provide identification. At the time, he was shopping in downtown Kitchener while walking home from his law office. He will file a formal complaint today.

On April 13, 2009, Matthew Probert was unlawfully detained and then arrested after he refused to identify himself. This unfortunate incident led to a violent confrontation whereby Mr. Probert suffered serious head injuries and he was also criminally charged. All charges were withdrawn by the Kitchener Crown Attorney’s Office. A report produced by the WRPS complaints department found that an officer’s actions were unlawful and, “…should have respected Probert`s objections and simply allowed him to continue on his way unimpeded…” Mr. Probert has filed a civil claim in Small Claims Court.

On August 2, 2009 Mark Corbiere and I were arrested when we refused to show identification to two officers. It is absurd that the officers have since tried to justify their actions by saying we were suspected in a break and enter. I was handcuffed and held in a police cruiser while an officer searched through [through] my wallet for identification. We were both released without charge. Mr. Corbiere and I have filed a civil claim against the WRPSB; our trial begins today.

The examples noted above suggest that WRPS officers mistakenly believe that they have lawful authority to arrest or detain people who refuse to identify themselves. The law is clear on this point: there is no general police power to arrest or detain a person who fails to provide identification