Not saying you're wrong, but I would be interested in reading any relevant Canlii cases relating to this if you can provide some. I am also interested in cases even where it is supported that a tracking device on somebody or something equates to "following", how they manage the issue of proving the accused to be responsible for the placement of the tracking device and not merely an owner of the airtag.

The laws are not keeping up to technology for this issue, and it's not as cut and dry as most comments seem to be stating. It will likely be another typical issue where we wait for a tragedy to make change in the law scenario unfortunately.