Kingston Police's use of a drone to catch distracted drivers stirs backlash

Drivers at three busy intersections in Kingston, Ont., had no way of knowing they were being watched earlier this month, but high above them police hovered, zooming in to catch those using their phones while behind the wheel.

By the end of the day on May 7, officers had handed out 20 tickets for distracted driving — each alleged violation captured on video by a drone flying overhead.

It was the first time Kingston Police had used the tactic, and as residents heard what was going on, debate began to swell on social media between those who felt it had crossed a line and others who believed a novel approach was needed.

Chief Scott Fraser said the police service is simply using new technology to gather the same photos investigators have always used as evidence of texting and driving.

But legal experts argue it's an invasion of privacy that amounts to an unreasonable search, and violates Canada's Charter of Rights and Freedoms.

Dominic Naimool, a local lawyer who's passionate about privacy issues, said he was surprised and concerned when he heard drones were being used to monitor drivers.

"In Canada, the court has been consistent in explaining to us that invasions of privacy, if they ever are justified, need to be necessary and as minimal as possible."

Naimool said while police have a job to do, their methods must be balanced against people's rights.

"These things tend to happen slowly and then suddenly," he said. "To see drones being widely used in an era where we're currently contending with things like widespread facial recognition and indiscriminate surveillance, that was concerning."

He contacted the Canadian Constitution Foundation (CCF) to share his worries. Earlier this week, the organization wrote a letter to Fraser calling for police to immediately stop using drones to record drivers inside their vehicles.

The organization argued the practice violates Canadians' freedom from unreasonable search and seizure under Section 8 of the Charter. The CCF also warned Kingston Police it intends to take the service to court if it doesn't stop.

"There are a lot of Kingston residents who are concerned about this, who find it creepy and are asking whether it's legal, and in our view it isn't," said Josh Dehaas, a constitutional lawyer with the group.

Dehaas said he's unaware of any other police service in Canada or the U.S. using drones in a similar way.

"Kingston's on the cutting edge of, in our opinion, violating rights," he said.