Elements of Possession of Identity Documents – Section 56.1

Date and Time and Location of the Offence

Identification of the Accused

Actions of the Accused

• The Accused must have…
  • Procured to be made, possess, transfer, sell or offer for sale
  • “Identity Document”
    • There is a legal description of “identity document” in this section
    • This is NOT the same definition as “Identity Information”.   “Identity Document” is a narrower definition.
    • Most official government ID and some employee ID is covered by the definition

Without lawful Excuse – Legal Presumption

• There are lawful reasons for possessing another persons identity documents. The accused should be asked if they have a lawful reason to possess the “identity document”.
• See the link for more information regarding the legal issues surrounding presumptions.

Links:

Statutory Wording: Section 56.1 Possession of Identity Documents

Definition: “Identity Document”

Legal Info: Presumptions