FIDS Analysis Report By: Jeremy Bieman

Background Information

Facts:  RCMP began investigating Walter Tessling February 1999  Police checked Hydro usage to see if unusual amounts were being used, results were negative Defn. FLIR: Forward Looking Infar-Red  Apr 29, 1999 RCMP used a FLIR Scan to determine if a “grow op” was in place  RCMP obtained a warrant and searched the house finding guns, scales, bags and $15,000-$20,000 worth of marijuana

W. Tessling was charged with trafficking of drugs and possession of weapons.

Were Rights Violated?  Were Tessling’s rights violated with the FLIR scan?  Section 8: Everyone has the right to be secure against unreasonable search or seizure.

Supreme Court of Canada  Decision: The rights were not violated by the FLIR scan. Reason: It was not a violation of the rights under Section 8 with reasonable expectation of privacy. VOTE: UNANIMOUS

Implications? What is to be expected in the future? What constitutes “reasonable expectation of privacy”?