Today, Kyla Lee from Acumen Law Corporation discusses Duc Tung Hoang v. His Majesty the King, a case that raises critical questions about camera surveillance and its implications for privacy under Canadian law.
Key Points Discussed:
Police used a pole-mounted surveillance camera, positioned 15–20 feet high, to monitor Mr. Hoang’s residence without a warrant.
The camera captured views of the front yard, driveway, and other areas visible from the street.
Mr. Hoang challenged the surveillance, arguing it violated Section 8 of the Charter, which protects against unreasonable search and seizure.
The courts ruled the surveillance was lawful because it only recorded areas visible to the public.
The Supreme Court of Canada denied leave to appeal.
Why This Case Matters:
This case highlights a crucial debate about the use of technology in police investigations:
Privacy vs. Visibility: While parts of a property may be visible from the street, enhanced surveillance tools like pole-mounted cameras can capture details beyond what an ordinary observer could see.
Section 8 Protections: Canadians expect privacy in and around their homes. Prolonged or enhanced surveillance may overstep reasonable boundaries, even in publicly visible spaces.
Impact on Communities: Surveillance doesn’t just affect the subject of an investigation but also neighbors and bystanders whose activities may be monitored.
Missed Opportunity by the Supreme Court:
The Supreme Court of Canada declined to address whether warrantless surveillance using advanced technology infringes privacy rights. By leaving this question unanswered, police are now free to use pole-mounted cameras without clear limitations.
