Kingston Police’s use of drones to catch distracted drivers has ignited a legal and civil liberties debate, with critics claiming the tactic violates Canadians’ Charter rights. On May 7, officers issued 20 distracted driving tickets based on aerial footage captured by drones over three intersections — the first time such technology was used for traffic enforcement in the city.
Chief Scott Fraser defended the move, arguing that drones simply provide photographic evidence similar to past surveillance methods, like officers observing from elevated vehicles. However, legal and privacy experts strongly disagree.
Local lawyer Dominic Naimool, who raised the issue with the Canadian Constitution Foundation (CCF), said such surveillance raises serious Charter concerns, specifically the Section 8 protection against unreasonable search and seizure. The CCF has since warned Kingston Police that it will pursue legal action if the drone program continues.
Constitutional lawyer Josh Dehaas described the tactic as “creepy” and unprecedented in both Canada and the U.S., asserting it crosses a line in digital surveillance. Former Ontario privacy commissioner Ann Cavoukian echoed those concerns, calling the drone use “absurd” and far more intrusive than red light cameras or radar.
Fraser said the department did not seek legal advice before launching the drone enforcement, noting the footage collected mirrors what’s been used previously by officers in vans or on buses. He emphasized that the goal was public safety, not invasion of privacy.
With debate intensifying, Kingston Police say they will evaluate the legal challenge and comply with any court ruling.
Source: Swifteradio.com
