science

R v Tessling

R v Tessling is a science topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand R v Tessling rather than just read about it. In short: R v Tessling [2004] 3 S.C.R. 432, 2004 SCC 67 is a leading Supreme Court of Canada decision where the Court held that the use of thermal imaging by police in the course of an investigation of a suspect's property did not constitute a violation of the accused's right to a reasonable expectation of privacy under section 8 of the Canadian Charter of Rights and Freedoms. Background In February 1999, the Ontario Provinci…

Key takeaways

R v Tessling belongs to science; place it in that map before memorising details.
Learn the definition first, then one example that makes the definition concrete.
Connect R v Tessling to a quantity you can measure, compute or draw — that is where exam questions come from.
Reproduce the core statement of R v Tessling from memory before moving on to harder problems.

Reference excerpt

R v Tessling [2004] 3 S.C.R. 432, 2004 SCC 67 is a leading Supreme Court of Canada decision where the Court held that the use of thermal imaging by police in the course of an investigation of a suspect's property did not constitute a violation of the accused's right to a reasonable expectation of privacy under section 8 of the Canadian Charter of Rights and Freedoms.

Background In February 1999, the Ontario Provincial Police received a tip that Walter Tessling was running a marijuana grow operation. In the course of the investigation, the police checked with Ontario Hydro for significant amounts of electricity usage, often indicative of a grow operation, on Tessling's property. Failing to find any unusual power usage, the police then attempted a visual surveillance of the residence, which also failed to show anything unusual. The police then opted to use an infra-red heat-sensor to detect any amounts of heat upon his property that would suggest a grow operation. Without any warrant, the Royal Canadian Mounted Police (RCMP) flew over Tessling's property with a Forward Looking Infra-Red ("FLIR") camera and got a heat profile of the land. Using the results of the FLIR profile and other evidence, the police were able to establish a reasonable and probable grounds that there was a grow operation on Tessling's property which allowed them to get a search warrant to search the property. The police searched the property and found the marijuana growing operation that was estimated at $15,000 to $22,500. Tessling was charged with drug trafficking and possession of weapons. At trial, Tessling argued that the FLIR scan was a violation of his right against unreasonable search and seizure, and that the evidence should be excluded from trial. Tessling was convicted, however his conviction was overturned by the provincial Court of Appeal. The issue before the Supreme Court was whether the use of a thermal imagery such as the FLIR camera violates the right against unreasonable search and seizure. The Court held that the thermal imagery did not violate the accuser’s right to be free from unreasonable search and seizure, with Iacobucci and Arbour JJ abstaining.

Opinion of the Court The Court judgment, number 29670, was given by Binnie, J., and analysed the application of section 8.

See also List of Supreme Court of Canada cases (McLachlin Court) Kyllo v. United States

References

External links Full text of Supreme Court of Canada decision available at LexUM and CanLII intervenor factum of the Canadian Civil Liberties Association Ontario Court of Appeal decision

Illustrations

Worked examples

Example 1 — a first encounter with R v Tessling

Start with the simplest possible case. Write down what R v Tessling claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In science, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to R v Tessling before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about R v Tessling ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of R v Tessling

In research: R v Tessling appears in science research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry: Engineering practice reuses R v Tessling in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom: R v Tessling is common in secondary-school and first-year university syllabi. It links to neighbouring topics 2004 in Canadian case law, Night flying, Section Eight Charter case law, so understanding it makes those chapters shorter.
In everyday life: Look for R v Tessling outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.

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How to study R v Tessling in 20 minutes

Read the reference excerpt below once, without taking notes.
Close the page and write down what R v Tessling means in your own words.
Compare your version with the excerpt and mark what you missed.
Work through the three examples above with pen and paper.
Explain R v Tessling out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is R v Tessling in simple terms?

Why does R v Tessling matter?

Because it connects several science ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study R v Tessling?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on R v Tessling.