The Kingston police are under fire for using drones to spy on drivers in their vehicles to target distracted driving. On May 7, the Kingston Police Traffic Safety Unit began using drone technology to crackdown on distracted driving, most notably people using their phones while on the road. The unit “conducted cell phone blitzes at three different locations within the city,” wrote the police on their website. The three locations were Division St, at John Counter Blvd,, Sir John A. Macdonald Blvd, at John Counter Blvd, and Hwy. 15 at Gore Rd..The unit was authorized by Nav Canada to operate its DJI Matrice 300 drone in the above areas “for the purpose of roadway enforcement.” Prior to this month's experiment, the drone technology has been employed by the Kingston police since 2021 for purposes such as finding missing persons, fleeing suspects, monitoring large-scale events and documenting last year’s solar eclipse.“During the distracted driving enforcement blitz, the drone operator would use the zoom camera to record video while looking for cell phone use by drivers at these intersections,” wrote the police.“Once observed, details and direction of the vehicles and drivers were given over the radio to nearby waiting officers in police cruisers, where they would make an immediate stop and consequently issue an offence notice for the Highway Traffic Act charge of using a hand-held communication device while operating a motor vehicle.”.On that single day, 20 distracted driving tickets were issued, “in addition to an electric bike found not to be in proper working order and a driver failing to produce their insurance card.”A first-time ticket for using your cell phone while driving comes with a minimum $615 fine, three demerit points, a three-day driver’s licence suspension, a Service Ontario reinstatement fee of $281 and could have consequences on insurance premiums.Novice drivers face longer suspensions (usually 30 days) instead of demerit points..The Canadian Constitution Foundation (CFF) flagged the Kingston police for their drone surveillance, arguing the method is “clearly unconstitutional” and called for an immediate halt [on] its use of a drone to monitor and record drivers inside their vehicles.”In a letter addressed to Chief of Police Scott Fraser, CCF Counsel Josh Dehaas asserts “the use of drones recording drivers through their car windows is a violation of Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable searches.”“Precedent from the Supreme Court of Canada confirms that individuals do not surrender their reasonable expectation of privacy merely by being in public.,” wrote Dehaas.“This is a serious infringement of Canadians’ constitutional rights. It’s also a concerning step toward the type of surveillance state that George Orwell warned about in Nineteen Eighty-Four.”The CCF will pursue legal action if the Kingston police force does not “immediately end this aerial surveillance program.”
