The court does decide whether you broke the law or not, I agree. Not only the courts, but the police on their grounds can charge you for braking the law. The police can stop you for violating the law. If you are minding your own business and driving without breaking any laws, you do not need to give up your ID. If you are swirving then that's a VALID licence inspection.
Unless you are a criminal or asked to give up your ID because you may look like a suspect, and you do not give up your ID, then you are obstructing justice or the police.
Please do not follow this advise. You will be in a whole lot of trouble if you refuse to show your drivers license and papers to police if you get pulled over. They have every right to do random checks and ask you for it. If you have not done anything wrong you have nothing to fear or hide just show it.
Did some searching and found that it is called obstructing police when you refuse to show your i.d. in a routine traffic stop.
Some notes I found on a defense lawyers site.
How can Obstruction of Police be Committed?
In Canada Obstruction of Police may be committed in the following situations:
(a) The accused resists or wilfully obstructs a public officer/peace officer in the execution of his/her duties;
(b) The accused omits, without valid justification, to assist a public/peace officer in the execution of his/her duties;
(c) The accused resists or wilfully obstructs any person in the execution of a process against lands or goods
(d) The accused wilfully attempts to obstruct, pervert or defeat the course of justice by indemnifying a surety in any way;
(e) The accused, acting as surety, accepts a fee from a person who is released from custody or anyone associated with a person who is released from custody;
(f) The accused wilfully attempts to obstruct, pervert or defeat the course of justice by dissuading or attempting to dissuade a person by threats, bribes or any other corrupt means from giving evidence;
(g) The accused wilfully attempts to obstruct, pervert or defeat the course of justice by influencing or attempting to influence while acting as a juror by way of threats, bribes or any other corrupt means;
(h) The accused wilfully attempts to obstruct, pervert or defeat the course of justice by accepting/obtaining or agreeing to accept/obtain a bribe or other corrupt means to abstain from giving evidence or to refrain from doing anything while acting as a juror.
It is important to keep in mind the following:
- Obstruction of police is a hybrid offence;
- Doing nothing is not always grounds for obstruction of police unless there was a legal duty to act;
- Asking for the reason of arrest is not obstruction of police;
- Perjury is a common form of obstruction, although it does not constitute obstruction of police;
What is the Potential Sentence?
- Obstruction of police is a hybrid offence. If you are charged by way of an indictable offence, the maximum sentence is two (2) years imprisonment;
- If you are charged by way of summary conviction, the maximum sentence is six (6) months imprisonment, of a five thousand dollar ($5,000.00) fine, or both;
- There is an exception as provided by s. 139(2) of the Criminal Code of Canada that states that if you attempt in any manner other than those described in subsection (1), you are guilty of an indictable offence with a maximum sentence of ten (10) years imprisonment.