Why it's legal to own police-affiliated items, despite killings and other crimes by impersonators

It's been more than a year since a man disguised as a Mountie killed 22 people in rural Nova Scotia.

Around the same time in 2020, several people in southwestern Ontario posed as police officers making fake vehicle stops in Wellington and Essex counties as well as the Lake Huron recreation destination community of Saugeen Shores.

In January 2020, Waterloo Regional Police received a report of a white SUV with mock police lettering on the sides.

In March this year, a man in Prince George, B.C., was charged with pretending to drive a police vehicle.

In May, a Manitoba man was charged with impersonating a police officer after attempting to access a First Nation that was under a COVID-19 lockdown.

Manitoba also has had a history of such cases, with one man convicted several times, dating back over a decade.

Despite these incidents involving police impersonators, experts say they're generally uncommon. As a result, the sale and possession of most police-affiliated items or memorabilia continues to be legal and unregulated in many parts of Canada.

In fact, there are hundreds of online postings advertising the sale of police shoulder patches, decommissioned badges — even some face masks, police chief caps and unofficial protective gear. They're available for anyone to buy.

Scott Blandford is an assistant professor and program co-ordinator for policing and public safety programs at Wilfrid Laurier University in Waterloo, Ont.

Blandford said there isn't enough public risk or concern to introduce new legislation. As well, any legislation prohibiting the sale and possession of some of these items would be difficult to enforce and impact a collectors' community that includes many people in law enforcement, he said.

"I don't think it has raised itself as a sufficient public safety concern at this point based on what I know of the number of cases … I don't think there's enough of a risk to public safety that necessitates urgent change to legislation," said Blandford, a former police sergeant.

N.S. bill aims to make streets safer

In Nova Scotia, a new bill introduced in the legislature would make it illegal for anyone in the province to create or sell police-issued items including used police vehicles, uniforms or equipment. The Police Identity Management Act would also outlaw the possession of an item that can be used by someone to try and pose as an officer. It was in response to the mass shooting in April 2020.

Randy Delorey, Nova Scotia's attorney general and justice minister, told CBC in an emailed statement that the bill was introduced to help prevent the recurrence of a similar tragedy.

"This legislation will decrease the risk of someone with criminal intent from acquiring items that could be used to impersonate a police officer, and improve the safety of citizens and communities across the province. We believe that the measures will achieve this. Our ultimate priority is to make our streets and communities safer," the statement read. 

Wayne MacKay, a professor emeritus at the Schulich School of Law at Dalhousie University, said similar changes should be considered across the country.

"[The bill is] aimed at preventing horrible tragedies like the one that happened at Portapique, whereas Criminal Code provisions are more after the fact," he said. "I see no reason why other provinces and territories shouldn't be passing similar legislation or maybe even better or modified legislation dealing with the important preventive element.

"It would be good if something positive came out of this tragedy and that would be one element."

In January, the federal government announced it would suspend the sale of all surplus RCMP vehicles.  

"It's not a common offence but it's a serious offence," said Derek Rogers, regional media relations co-ordinator for the Ontario Provincial Police West Region, about the issue of people other than police using such items.

The trade of police memorabilia, shoulder patches, it's very well established in the policing culture, and if legislation came out that prevented it or restricted it, it would simply go underground and it would probably be more difficult to track and very difficult to enforce.- Scott Blandford, Wilfrid Laurier University police expert

In Section 130 of the Criminal Code of Canada, it's an offence to falsely represent as a peace or public officer or "use a badge or article of clothing of uniform or equipment in a manner that is likely to cause persons to believe" that someone is a peace or public officer. It can lead to a prison term of up to five years, among other consequences.

Rogers said there are also rules, at least for the OPP, that require identifying police symbols be destroyed before they are discarded.

Meanwhile, a spokesperson with Guelph, Ont., police said the service sells patches for a nominal fee to collectors.

"I think the belief of Section 130 as it's written prohibiting the use is sufficient. However, what you're starting to see now is a proliferation of people starting to take advantage of that," said Blandford.

He said that during recent incidents, vigilantes were posing as police, which may become a topic of discussion and spark a conversation about changes in legislation.

Laws difficult to enforce, expert says

Blandford said there hasn't been a strong public movement to spark any changes to legislation.

"If you look to the whole history of politics, the creation for new legislation is always in relation to public outcry. If there's enough public concern about it and if it's raised as an issue, you'll find the politicians will act. But in the meantime, I think there's more other pressing issues … until it hits that critical mass number, I don't think it'll change quickly."

Blandford said there have been laws introduced in England and parts of the U.S. that prohibit the sale of any police-affiliated items. It would be difficult to enforce similar laws in Canada, he said.

"The trade of police memorabilia, shoulder patches, it's very well established in the policing culture, and if legislation came out that prevented it or restricted it, it would simply go underground and it would probably be more difficult to track and very difficult to enforce."

He said police-affiliated items can also easily be replicated in the black market.

"If you create legislation to deal with police badges, that would only address legitimate issued police badges. It doesn't address fake badge market out there. So, how do you regulate that? And how to you know someone has one unless they use it?"

A spokesperson with the Department of Justice Canada did not answer inquires about whether Ottawa is considering a review of, or changes to, the current legislation. 

"Questions about what other provinces, which are responsible for matters relating to property and civil rights under Canada's Constitution, are doing in this area are best addressed to them," a spokesperson said in a statement.

Meanwhile, Ontario's Solicitor General Ministry referenced the current rules under the Criminal Code.

"Local police services would also maintain operational policies regarding the safe storage and/or disposal of police equipment to ensure it is not misused after it is no longer in active duty use. Local police services would be best positioned to speak to their policies," a spokesperson said in a statement.

Increased awareness about impersonators

Rogers said the tragedy in Nova Scotia has raised a new level of awareness about police impersonators.

"I think what's changed is the public awareness of the police impersonator issue. Police impersonators have been with us for quite some time, but what changed was the level of concern following the events in Nova Scotia and in addition to the incidents [in Ontario]," he said.

"When you see something as tragic and horrific as what happened in Nova Scotia, we would expect the public to have a heightened level of concern, too. As do we."

In the meantime, anyone who interacts with a person who appears to be posing as a police officer can ask for more identification, including a warrant card issued by the police chief.

You can also call 911 dispatch to confirm the officer's identity and location.