The RCMP used an airplane equipped with a Forward Looking Infra-Red (FLIR) camera to overfly the accused's home without a warrant.
The FLIR image, which detected heat emanations consistent with a marijuana grow operation, was used to obtain a search warrant.
The accused argued the FLIR overflight violated his right against unreasonable search and seizure under s. 8 of the Charter.
The Supreme Court of Canada held that the use of FLIR technology did not violate s. 8, as the accused did not have a reasonable expectation of privacy in the heat distribution patterns on the external surfaces of his home.
The appeal was allowed and the conviction restored.
