R. v. Virda

R. v. Virda

The judicial justice erred in law by applying the s.7 one-touch exception to use of an app; s.7's one-touch exception is limited to initiating, accepting or ending telephone calls and does not cover typical app interactions. The judicial justice also breached procedural fairness by delivering the decision before...

Source-derived case information.

Citation
2024 BCSC 2410
Parties
Crown (appellant): Rex; Accused (respondent): Vasu Subhashbhai Virda
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 December 2024
Procedural Posture
Summary Conviction Appeal / Oral Reasons for Judgment on Appeal From Provincial Court Acquittal
Outcome
Acquittal set aside; conviction entered
Legal Topics
Use of Electronic Device While Driving, Statutory Interpretation of Regulatory Exemption, Procedural Fairness, Appeal From Acquittal
Source Language
english
Criminal Law Traffic Law Administrative Law Use of Electronic Device While Driving Statutory Interpretation of Regulatory Exemption Procedural Fairness Appeal From Acquittal

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Parties

Rex

Crown (appellant)

Vasu Subhashbhai Virda

Accused (respondent)

Procedural Posture

Summary Conviction Appeal / Oral Reasons for Judgment on Appeal From Provincial Court Acquittal

Legal Issues

  1. 1 Whether s.7 of the Use of Electronic Devices While Driving Regulation permits one-touch use for app functions
  2. 2 Whether the judicial justice erred in law by applying the one-touch exception to use of an app
  3. 3 Whether the judicial justice breached procedural fairness by deciding before hearing submissions

Ratio Decidendi

The judicial justice erred in law by applying the s.7 one-touch exception to use of an app; s.7's one-touch exception is limited to initiating, accepting or ending telephone calls and does not cover typical app interactions. The judicial justice also breached procedural fairness by delivering the decision before hearing submissions. The appellate court set aside the acquittal and entered a conviction, imposing a fine of $295 payable within six months.

Court Disposition

Acquittal set aside; conviction entered

Orders

  • Set aside the Provincial Court acquittal and enter a conviction for using an electronic device while driving contrary to s.214.2 MVA
  • Fine of $295 payable within six months of judgment