R. v. Grzelak

R. v. Grzelak

Applying precedent in Tannhauser, a phone remains an electronic device even if non-functional; Regulation s.7 implies that a device may 'include' earpieces; 'holding' includes support by body parts, therefore earbuds connected to the iPhone were part of the electronic device and wearing them constituted holding the device in a position in which it may be used under s.214.1(a); conviction stands.

Citation
2020 BCSC 1487
Parties
Crown: Regina; Accused: Patrick Henry Grzelak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 October 2020
Procedural Posture
Criminal Appeal / Appeal Decision (reasons for Judgment)
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Use of Electronic Device While Driving, Definition of 'electronic Device', Definition of 'use', Hands Free Regulation
Source Language
English
Criminal Law Road Traffic Law Statutory Interpretation Use of Electronic Device While Driving Definition of 'electronic Device' Definition of 'use' Hands Free Regulation

Case Brief

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Parties

Regina

Crown

Patrick Henry Grzelak

Accused

Procedural Posture

Criminal Appeal / Appeal Decision (reasons for Judgment)

Legal Issues

  1. 1 Whether earbuds connected to a phone constitute part of an 'electronic device' under s.214.1
  2. 2 Whether placing earbuds in ears amounts to 'holding' an electronic device within s.214.1(a)
  3. 3 Whether a non-functional (dead-battery) phone remains an 'electronic device'

Ratio Decidendi

Applying precedent in Tannhauser, a phone remains an electronic device even if non-functional; Regulation s.7 implies that a device may 'include' earpieces; 'holding' includes support by body parts, therefore earbuds connected to the iPhone were part of the electronic device and wearing them constituted holding the device in a position in which it may be used under s.214.1(a); conviction stands.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed.
  • Conviction by judicial justice affirmed.