Canada Case Law

R. v. Akinbobola

Court

British Columbia Court of Appeal

Applicant failed to demonstrate that the chambers judge erred in law, principle, or by misconceiving the facts; the trial judge's finding that the appellant held the phone fell within the statutory definition of 'use', there was no evidence of imminent peril to sustain a necessity defence on the record, and the proposed grounds lacked sufficient merit or public importance to justify leave; therefore the application to vary the chambers order is dismissed.

Source excerpt

• Use of electronic device while driving
• Definition of 'use' under motor vehicle act
• Necessity defence
• Leave to appeal / permission to appeal
• Standard of review for variation of chambers orders

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R. v. Virda

Court

Supreme Court of British Columbia

Summary conviction appeal allowing the Crown’s appeal, setting aside an acquittal for cellphone use while driving and entering a conviction with a reduced fine.

• Use of electronic device while driving
• Statutory interpretation of regulatory exemption
• Procedural fairness
• Appeal from acquittal
• Use-of-electronic-device-while-driving
• Statutory-interpretation

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R. v. Antonio

Court

Supreme Court of British Columbia

Summary conviction appeal allowed where the evidence did not prove the accused was “using” a cell phone while driving under the Motor Vehicle Act.

• Use of electronic device while driving
• Interpretation of statutory definition of "use"
• Class 7 (n) licence restrictions
• Evidentiary sufficiency
• Use-of-electronic-device-while-driving
• Motor-vehicle-act

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R. v. Buchanan

Court

Supreme Court of British Columbia

The court dismissed an appeal against a conviction for disobeying a police traffic direction, but allowed the electronic-device appeal, quashed that conviction, and ordered a new trial.

• Use of electronic device while driving
• Disobeying police traffic direction
• Standard of review
• Remedy for error of law
• Traffic-offences
• Appellate-review

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R. v. Bakhsheshi

Court

Supreme Court of British Columbia

The court dismissed a summary conviction appeal, holding that picking up, transferring, and placing a cellphone while driving constituted “use” under the Motor Vehicle Act.

• Use of electronic device while driving
• Definition of 'use' under s.214.1(a)
• Distracted driving
• Appeal from summary conviction
• Distracted-driving
• Motor-vehicle-act

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R. v. Hrynyk

Court

Supreme Court of British Columbia

The Crown appeal succeeded: a driver stopped at a red light in park was still “driving or operating” and her phone use fell within the Motor Vehicle Act prohibition.

• Use of electronic device while driving
• Definition of "use" under motor vehicle act
• Hands-free/one-touch exceptions
• Meaning of "driving or operating" when stopped
• Acquittal set aside and stay of proceedings
• Distracted-driving

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R. v. Grzelak

Court

Supreme Court of British Columbia

The court dismissed an appeal against a conviction for using an electronic device while driving, holding that earbuds connected to a dead iPhone formed part of the device.

• Use of electronic device while driving
• Definition of 'electronic device'
• Definition of 'use'
• Hands-free regulation
• Electronic-device-while-driving
• Statutory-interpretation

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R. v. Rajani

Court

Supreme Court of British Columbia

The court dismissed a summary conviction appeal after holding that a phone wedged in the driver’s lap still amounted to “use” under the Motor Vehicle Act.

• Distracted driving
• Use of electronic device while driving
• Interpretation of statutory definition of "use"
• Curative proviso (s.686(1)(b)(iii) criminal code)
• Standard of review for questions of law
• Distracted-driving

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R. v. Thiara

Court

Supreme Court of British Columbia

Appeal dismissed in a traffic-ticket case involving electronic-device use while driving. The court upheld the conviction and rejected complaints about cross-examination and disclosure.

• Use of electronic device while driving
• Cross-examination rights
• Disclosure of police notes
• Admissibility of complaint statements
• Appeal on the record
• Electronic-device-while-driving

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R. v. Young

Court

Supreme Court of British Columbia

The court dismissed Mr. Young’s appeal from a traffic conviction, finding the evidence supported that he was holding and tapping a cellular phone while driving.

• Use of electronic device while driving
• Definition of electronic device
• Presumptive reliability of witness evidence
• Credibility assessment
• Standard of review
• Use-of-electronic-device-while-driving

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