I don't know, that's a good question. I suspect yes as you are operating a motor vehicle and police are investigating a clearly visible violation of the HTA. We all agree that the rewrite is overreaching but cops don't get to pick whether they like the laws they are handed. I can't see your argument holding up as it would make it impossible for police to do their jobs (enforce the HTA as written by the province).Such an obligation applies when in public or operating a motor vehicle on public roads. You are on your own land -- does the obligation to produce ID still exist? I'm going to say no. I am sure there are many judges who will agree -- this is a charter rights case waiting to happen. What sucks about it is that someone has to be the guinea pig and go through the system to prove that.
And while the first challenge is going through, hundreds more will continue to get the same charge under the same circumstances.