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Criminal law 2024 BCSC 2300

R. v. Antonio

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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Criminal law 2020 BCSC 779

R. v. Rajani

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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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.