REMOTE SENSING ISSUES AT THE SUPREME COURT OF CANADA

Susan McKee · 2005

In 2004, the R. v. Tessling 1 case was heard at the Supreme Court of Canada. This case involved an important Charter of Rights 2 issue regarding unreasonable search and seizure. While the Charter is frequently discussed at the Supreme Court, other issues in this case were quite new. The search in question was a result of a type of airborne remote sensing known as forward looking infrared (FLIR) thermal scanning. This technology is increasingly used by law enforcement to detect heat loss from buildings, a common indicator of marijuana growoperations in homes. The Supreme Court decided that FLIR use for police surveillance is acceptable in Canada. This article will discuss FLIR technology, law enforcement applications, and how the law is responding to developments in remote sensing technology.

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