Stay-at-home order does not give police authority to stop residents or enter homes

A stay-at-home order is now in effect across Ontario and many residents are wondering what rights police have around enforcing the order.

Toronto Police have confirmed in a release that the order does not give officers the ability to enter homes or stop vehicles to check if residents are complying with the regulations.

The release also confirms that people will not be compelled to provide an explanation as to why they are out of the house and simply being outside cannot qualify as evidence of non-compliance.

Furthermore, anyone travelling to work is not required to carry proof that they are going to work.

The release states officers can only ask an individual to identify themselves if they have a good reason to suspect the order has been violated.

“The public is reminded that only when an officer has reasonable and probable grounds to suspect someone has violated one of the orders under the two Acts, they may ask the person to identify themselves in order to issue a ticket or summons. If the person refuses to identify themselves for this purpose, they can be arrested and charged with obstructing a police officer.”

Officers will instead focus on enforcing whether or not restaurants and other businesses are complying with the orders. They will also respond to calls about gatherings of more than five people outdoors.

In an effort to protect workers and patrons, and to ensure big-box stores are operating safely during the COVID-19 pandemic, the Ford government says it’s quickly ramping up workplace inspections.

RELATED: COVID-19 restrictions list: What they are and what they mean moving forward

Multiple police forces, including Peel Regional Police and South Simcoe Police, took to social media to say they have been flooded and “overwhelmed” with 9-1-1 calls regarding Ontario’s recently-legislated state of emergency and stay-at-home order.

“The message from the Toronto Police Service is to stay home and stay safe. This is no longer strictly a public health issue, it is a matter of public safety,” said Deputy Chief Myron Demkiw. “We each have a personal responsibility to limit our travel to essential reasons only to slow the spread of COVID-19 and try to keep our families and communities safe and support our hospitals and healthcare workers.”

The new directive requires residents to stay home except for essential outings, such as accessing health care, shopping for groceries, or outdoor exercise.

The province has said there’s no set definition for what is “essential” because everyone has their own unique circumstances and regional considerations.

“Officers can exercise discretion in every situation,” says Demkiw. “But, where there is evidence of non-compliance, officers will be ticketing and issuing summonses for individuals and businesses.”

The Ford government unveiled its latest round of COVID-19 restrictions on Tuesday, declaring a state of emergency and introducing the stay-at-home order on the heels of new modelling and data.

The enhanced public health and workplace safety measures took effect on Jan. 14 and remain for all of Ontario until at least Feb. 11.