YORK COPS LAUD COURT'S CHOPPER DECISION

Practice 'Invasion Of Privacy': Lawyer

York Regional Police are applauding Friday's Supreme Court of Canada
decision allowing cops to once again use infrared technology to
identify possible marijuana grow operations without a search warrant.

But others still say it's a violation of civil rights.

"Our officers need every tool and technology available to fight these
criminal elements, which have invaded our residential and commercial
neighbourhoods and I am relieved the Supreme Court agreed," York
Regional Police Chief Armand La Barge said.

However, in using the technology, police may be trampling the Charter
of Rights and Freedoms, one York Region legal expert said.

"I see it as an invasion of privacy," Aurora criminal lawyer Barry
Switzer said. "The police and the courts may say I'm comparing apples
to oranges here, but it seems like there is a video camera on you at
all times these days. Every phone call you make, there is some
disclaimer that comes on telling you this call may be monitored. It's
Big Brother turned on its head."

While Mr. Switzer understands the logic behind the Supreme Court's
decision, he said he can't help wondering what's next.

"If they're allowing thermal imaging cameras, what will happen when
technology advances? Will they allow X-ray technology to be used? As
technology becomes more innovative, it's also becoming more invasive.
I just wonder where its all going?"

Infrared cameras can detect high sources of heat, but they cannot
determine the exact nature of the source nor can they see inside a
building.

Because the lights used in indoor marijuana cultivation give off an
unusual amount of heat, police have long used infrared technology to
show patterns of heat in a building.

"This technology is one of many investigative aids we use to combat
the proliferation of indoor marijuana grow operations, but it's a very
important piece of the puzzle," Chief La Barge said.

Following up on tips from two informants, the RCMP flew over a Windsor
man's home in April 1999 and used the technology to find high levels
of heat.

Officers used the images to obtain a search warrant to the house,
where they found marijuana plants, two sets of scales, freezer bags
and some weapons.

The man was convicted of drug possession, trafficking and weapons
charges, but the Ontario Court of Appeal subsequently overturned the
conviction in January 2003.

The court found the use of infrared technology had constituted a
search under the Charter of Rights and Freedoms and police should have
obtained a warrant prior to using it.

Police across the country were then forced to obtain warrants before
using the technology.

However, the Crown appealed to the Supreme Court of Canada, which
upheld the appeal and restored the conviction Friday, allowing police
to use the technology without obtaining a warrant once again.

"The Supreme Court clearly understood both the uses and the
limitations of this technology," Chief La Barge said.

The court found infrared images cannot show police exactly what is
going on inside a home, only the heat being generated inside and is,
therefore, is not like a conventional search.