FLIR

Police actions

In the 2004 R. v. Tessling judgment, the Supreme Court of Canada determined that the use of airborne FLIR in surveillance by police was permitted without requiring a search warrant. The Court determined that the general nature of the data gathered by FLIR did not reveal personal information of the occupants and therefore was not in violation of Tessling's Section 8 rights afforded under the Charter of Rights and Freedoms (1982). Ian Binnie distinguished the Canadian law with respect to the Kyllo judgment, by agreeing with the Kyllo minority that public officials should not have to avert their senses or their equipment from detecting emissions in the public domain such as excessive heat, traces of smoke, suspicious odors, odorless gases, airborne particulates, or radioactive emissions, any of which could identify hazards to the community.