Latest Case On 78.1(1) - Driving With Hand Held Device

R v Grech-Vennare, 2013 ONCJ 278

Thank you for posting this. Well documented decision which articulates how the courts are treating this offence.

If the decision went the other way how do you think drivers would react to having the device seized and sent away to determine if it is capable of sending or receiving and then held as evidence for later trial.

Just a thought.

OPS

I'm hearing (Traffic Safety Committee) is proposing fine increasing and device seizure (a la Stunt - Impound) and demerit points...apparently no one is obeying the law...so it's gonna hurt more...

I think cell phone seizures would be problematic on many levels. I know the idea was proposed by the Police Chiefs Association in British Columbia but rejected by their Attorney General. First, there would be the whole privacy issue. The Courts (especially in Ontario) have been strongly favouring police requiring a warrant to perform anything more than a cursory search of a persons cell phone in criminal matters. I think people quite rightfully have an expectation of privacy regarding their phones contents, and it would be problematic granting police a warrantless search authority for whats a relatively minor Provincial offence. Im not sure how well most police services could even keep up with the demand to search and/or analyze cell phones. I know my service has about a 3 month turn around period for analysis of such devices relating to Criminal matters, so I cant even imagine the backlog if such analysis was required for HTA matters.

I think even a seizure simply to condone the act (i.e. no analysis, get it back in 24 hours) could be problematic from a public safety standpoint. For many people their cellular phone is their sole telecommunications device. People could quite rightfully argue they've lost their ability to contact family, work or even 9-1-1 without their device.

make it mandatory for all manufacturers of vehicles to install a Bluetooth system from this point forward in all makes/models would be a good start, somehow include the device to rest/sit on a sensor built into an enclosed docking station to also prevent texting