Abstract
This paper argues that police use of facial recognition technology constitutes a “search” within the meaning of section 8 of the Canadian Charter of Rights and Freedoms and therefore requires prior judicial authorization. Part A provides the background for this argument and begins with a case study of Clearview AI to establish the regulatory gap in Canadian AI legislation. Part B develops this argument by relying on the rules of evidence, the Charter, and analogies drawn from current case law. Part C addresses counterarguments. Part D concludes with a summary of the proposed framework and emphasizes the importance of a coherent judicial approach to police use of artificial intelligence technology.
First Page
103
Recommended Citation
Amirah Farooq,
A Framework for the Use of Facial Recognition Technology in Policing: Is Your Face Equivalent to Your IP Address?,
4
Student J. Info. Priv. L.
103
(2026).
Available at:
https://digitalcommons.mainelaw.maine.edu/sjipl/vol4/iss2/3
