Personating a Peace Officer or Public Officer

The Criminal Code makes it an offence to personate a peace officerPeople involved in upholding justice or a public officerA public official included in the Criminal Code definition, such as certain customs, military, RCMP, or revenue officers.. Most people call this "impersonating a police officer," but the law uses the word "personation."

A "peace officer" includes police officers and certain other officials the Criminal Code lists. A "public officer" is also a defined term in the Criminal Code. It does not mean every government employee. It refers to specific kinds of officials set out in the law.

This offence can apply in two main ways:

• falsely representing yourself to be a peace officer or a public officer; or
• using a badge, or an article of uniform or equipment, in a way that is likely to make people believe you are a peace officer or a public officer, even if you do not say so in words.

This is different from identity theft or identity fraud, which deal with using another person's identity information. It is also different from assaulting a peace officer. Those are separate offences with their own pages.

"The Crown" is the prosecutor, the government lawyer who brings the charge. To convict you of this offence, the prosecutor must prove, beyond a reasonable doubtThe standard that must be exceeded to find someone guilty, that:

1. you falsely represented yourself to be a peace officer or a public officer, or you used a badge, uniform, or equipment in a way that is likely to make people believe you were one; and
2. you did not have the officer status you represented or suggested.

These are general examples only. Whether any situation leads to a charge depends on the facts and the evidence.

• Telling someone you are a police officer when you are not.
• Wearing a police-style uniform or displaying a badge to make people think you have police authority.
• Using flashing lights or equipment to make people believe you are an officer carrying out official duties.

Canada deals with criminal charges in two main ways:

• Summary convictionUsed for lesser offences: the process used for less serious cases, with lower maximum penalties.
• Indictable: the process used for more serious cases, with higher maximum penalties.

Personating a peace officer or public officer is a hybrid offence, which means the prosecutor chooses which of those two ways to proceed, based on the case. The maximum penalty is higher if the prosecutor proceeds by indictment.

If the prosecutor proceeds by indictment, the maximum is 5 years in prison.

If the prosecutor proceeds by summary conviction, the general summary-conviction rules apply unless another law provides otherwise. Under those general rules, the maximum is a fine of up to $5,000, imprisonment of up to two years less a day, or both.

The Criminal Code does not set out a specific written defence to this offence. Whether a defence applies depends on the facts and the evidence.

Possible legal issues may include whether the prosecutor can prove that a representation was made, that it was false, or that the conduct was likely to make people believe you were an officer. Charter issues or other legal issues may also matter in some cases. These are not automatic defences.

Some charges are often confused with personating an officer but are separate offences with their own rules and penalties. Examples may include identity theft and identity fraud, fraud, and assaulting a peace officer.

Those offences should be checked on their own pages.