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Privacy Concerns Raised After Kingston Driver Ticketed by Police Drone

2026-01-27

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Kingston woman fights back against police using drone in traffic

Officers used the drone to ticket the woman for distracted driving, but dropped the charge after a challenge over privacy violations

Author: Driving.ca

The Canadian Constitution Foundation (CCF) says the withdrawal of a distracted-driving charge issued to a woman by Kingston Police using a drone last summer is a warning to police. During a distracted-driving blitz by police in Kingston, Ontario last summer, a ticket was issued to a woman whose name is being withheld due to privacy concerns. The woman was charged by police for using her cellphone while operating a motor vehicle.

While stopped at a red light on May 7, 2025, the woman noticed a large drone hovering outside her car window and "thought the drone operator might have been committing a crime or invading her privacy," so the woman used her phone to take a picture of the drone, the release read.

Minutes later, police pulled her over and issued a $500 ticket under section 78.1(a) of the Highway Traffic Act for using her phone while driving. According to the CCF, her licence was suspended for three days, and she faced nearly $900 in fines and fees.

This charge was withdrawn by the Crown, according to a news release issued last week by the CCF, a national and non-partisan charity. The CCF said that while Kingston Police were using this technology to zoom in on and record unsuspecting drivers, they were conducting unreasonable searches that violated the expectation of privacy protected by section 8 of the Charter of Rights and Freedoms.

Josh Dehaas, counsel for the CCF, said in a telephone interview that using this technology for these specific purposes is "unacceptable."

"The fact that the Crown withdrew the ticket suggests that they may have thought they wouldn't succeed if it actually went to trial," Dehaas said. "Though it does not set a legal precedent, it is a warning to police that they might not get away with this sort of thing in the future." He added, "The enforcement of distracted driving laws is important, but it can't be used as an excuse to normalize drone surveillance."

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Source: Kingston woman fights back against police using drone in traffic | Driving

 

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