Trial on charges of possession of drugs and obstruction. Police conducted a walk-through in a bar, and were asking patrons to identify themselves pursuant to the Gaming and Liquor Act (GLA). Police suspected that accused lied about his name, and after searching him incidental to arrest for obstruction, police found cocaine.

Held: Breach of ss 8, 9 and 10(b). Evidence excluded.

The GLA does not provide a mechanism for police to lawfully seek to identify any person in a bar. Pursuant to s 69.2(3) GLA, the “licencee” must disclose identification information regarding patrons to police upon demand. An individual has no obligation to identify him or herself to police under the GLA. Accordingly, the police were not acting in the lawful execution of their duty, and the arrest for obstruction (which led to the finding of cocaine) was unlawful. Serious Charter breaches that had a significant impact upon the accused’s Charter- protected interests.

R. Snukal – Defence Counsel