ABSTRACT

There are few easy answers to surveillance camera questions; those of the legal variety are no exception. In Canada and around the world, governments have struggled to balance security and law enforcement concerns with civil liberties and privacy rights. The failure to achieve this balance has forced courts to intervene. Given their predisposition towards precedent, courts have generally responded to surveillance issues by applying pre-existing privacy law frameworks. Unfortunately, these frameworks have often proved too unwieldy and inflexible to effectively address the unique challenges posed by increasingly advanced technological surveillance systems.