ARCTIC OBITER

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20 | <strong>ARCTIC</strong> <strong>OBITER</strong> MISTAKEN IDENTITY Who do you think you are?! by Douglas Mah I can well understand the indignation that Henry Louis Gates Jr. felt upon being accosted by Cambridge Police in July, while he was trying to break into his own house. The famed Harvard black studies academic and Obama buddy was asked by officers to produce identification to prove he was indeed the residence's owner. In the ensuing fracas, Gates was arrested for disorderly conduct. The charges were later dropped, but not before the Harvard scholar's unhappy mug photos were showcased in the news. My own, somewhat less dramatic version of this incident occurred when I checked into the Queen Elizabeth Hotel in Montreal a few years ago. I don't like reciting my name and contact information in public, so my practice is to hand over my driver's license so the information can be Transposed. I took this precaution after a friend described how she had chirped off her name and email address in a public place, and later found herself the victim of stalking. I dumped my bag off in my room, changed into my workout gear, and headed to the gym. When signing in at the desk, the attendant looked at my name and room number, checked the computer, and informed me that I was not shown as registered in that room. She surmised that as I had only checked in a few minutes ago, the data had not been updated and told me to straighten it out with the front desk after my workout, lest there be later problems. This is when my troubles began. I produced my card key to the front desk, gave my name, and explained that the hotel's computer somehow had the wrong person registered in my room. I was then told in no uncertain terms that I was not a registered guest in the hotel. Hotel security was summoned, so I could be questioned and account for how I had obtained an activated card key. The most annoying aspect of this entire exchange was that it was with the same front desk clerk who had checked me in scarcely an hour earlier. I didn't fare a whole lot better with the security guy. He asked me for ID. I explained that my ID was in the room. If we went into the room, all my stuff would be there, including my wallet with my ID in it, proving that I was who I said I am. The security agent told me he had no authority to enter another guest's room without that guest's permission. I explained that there was no other guest, that the only guest in the room was me. The upshot of this discussion was that I was an unauthorized person in the hotel who had somehow gotten hold of a room key. I had a choice: either leave the hotel immediately, or await the arrival of police, who would deal with me on trespass and suspicion of theft and attempted break-and-enter (of my own room). Why I would present myself to the hotel front desk before carrying out the break-and-enter had yet to be pondered. When one is in another city and has nowhere else to go, with one's money, clothes and identification effectively impounded, and wearing only shorts and a work-out top (did I mention it was November?) the prospect of being tossed out on the street, or worse, imprisoned in a Kafka-like manner, is distressing. The front desk clerk and security agent were whispering
NOVEMBER 2009 | 21 to one another. I overheard her mutter, "...the real guest's name is Douglas Raymond..." At this point, I interceded by saying, "My dear people, you have erred in recording my information. An honest mistake – you have taken down only my first name and middle name, omitting my surname." Actually, I let loose with a blistering torrent of insults and profanity. I was able to tell them off the top of my head everything they knew about their guest Douglas Raymond including his address, telephone number, credit card number and its expiry date, since we happen to be the same person. With this information, the hoteliers were finally prepared to believe that I was who I said I was, namely, a legitimate guest. How do we really know that we are who we think we are? You might remember the anecdote about the too-clever lawyer who, after the witness was asked to state his name, posed the question, "And how do you know that?" Identity is prized as a fundamental value in our society. It is protected by the Charter. Identity theft is presently proposed as a new class of offence in the Criminal Code. In an age when identity is currency, proof of identity is as much a problem in law as epistemology. We know who we are only because we have documents that say so. BUT when the documents can't be accessed, we are really nobody. So I say to Henry Gates, and all of you, carry proper ID. Be yourself. Douglas Mah is an Edmonton lawyer, a Bencher of the Law Society of Alberta and writer. This article was originally published in CBA’s National magazine [p.48 - Oct./Nov.09].
Page 1 and 2: ARCTIC OBITER NOVEMBER 2009 V OLUME
Page 3 and 4: NOVEMBER 2009 | 3 PRESIDENT’S MES
Page 5 and 6: NOVEMBER 2009 | 5 not, we find that
Page 7 and 8: NOVEMBER 2009 | 7 earning a degree
Page 9 and 10: NOVEMBER 2009 | 9 event, held at th
Page 11 and 12: NOVEMBER 2009 | 11 ROBED AND READY
Page 13 and 14: NOVEMBER 2009 | 13 the 6 hour perio
Page 15 and 16: NOVEMBER 2009 | 15 wake of the Mori
Page 17 and 18: NOVEMBER 2009 | 17 stage to enable
Page 19: NOVEMBER 2009 | 19 — ‚We are so
Page 23 and 24: NOVEMBER 2009 | 23 Kraft Dinner: It
Page 25 and 26: NOVEMBER 2009 | 25 probable cause m
Page 27: NOVEMBER 2009 | 27 NOTICES NOTICE O

ARCTIC OBITER

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