GPS, Drone, and a Fake Profile
You are hired by a client who believes her former partner is living with a new girlfriend to avoid paying spousal support. The client gives you the partner's home address, vehicle make, plate, and work schedule. She asks you to attach a magnetic GPS tracker to the underside of his car in the apartment garage, fly a small drone over the girlfriend's fenced backyard to film them together, and create a fake Facebook profile of an attractive woman to 'friend' the partner and see his posts. The client says she will pay a $500 bonus if you get 'something juicy' by Friday. You have a basic drone licence and a magnetic tracker purchased online. The partner has not consented. You have not observed any violence or threats. The apartment garage is accessible only to residents and their guests; the gate has a sign saying 'Private Property.'
1. May you attach the GPS tracker to the partner's vehicle? Explain the legal and ethical issues.
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Do not install the GPS tracker. A private investigator is not a police officer and has no warrant power. Secretly attaching a device to a person's vehicle without consent can violate Criminal Code s. 492.1, which restricts tracking devices, and may support criminal harassment or intrusion-upon-seclusion claims. Entering a residents-only garage may also be trespass. The client's support dispute does not create authority. If tracking is truly necessary, the lawful route is usually a court order or consent - not self-help. Return the tracker or keep it unused, and document the refusal.
2. May you fly the drone over the fenced backyard to film the partner and the girlfriend? What factors matter?
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Do not fly over the fenced backyard. Even with a basic drone certificate, Transport Canada rules require safe operation, and privacy law still applies. Flying over a private backyard to film a person can be an intrusion upon seclusion and may breach municipal bylaws or trespass law. The backyard has a high expectation of privacy. Public-area observation of the front of the home, vehicle movements, and public behaviour is different. If aerial imaging is essential, get legal advice and consent or a court order; otherwise use ground surveillance from public property.
3. May you create a fake Facebook profile to friend the partner? What are the risks and alternatives?
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Do not create a fake profile to friend the partner. Deception can breach the platform's terms and privacy law, and if you use a real person's photo or identity it may amount to identity fraud. It also destroys your credibility as a witness: opposing counsel will ask what else you fabricated. Public posts that are genuinely visible can be captured with a dated, unaltered record; do not 'friend' under false pretences or use pretext to obtain private information. If the client wants social-media evidence, document public content and preserve it, or seek disclosure through the court.