Driver was 'holding' cellphone even though hands were free, B.C.'s top court rules in distraction case
British Columbia's highest court has upheld the distracted driving conviction of a man who insisted his cellphone was merely wedged between his thigh and car seat when he was stopped by police.
Zahir Rajani argued that because he wasn't holding the device in his hands, he shouldn't have been dinged with a distraction ticket, and ultimately fought his conviction all the way to the B.C. Court of Appeal.
A three-judge panel dismissed the appeal on Tuesday, in a ruling that experts say strengthened the province's already tough distracted driving laws.
"Now we have real clarity about what it means to hold, or use, electronic devices while driving," lawyer Sarah Leahmon told CTV News.
"It extends it beyond simply holding it with your hands to perhaps propping it up with another body part."
The officer who pulled Rajani over said he had spotted the driver looking down behind the wheel. After approaching the vehicle, the officer said he saw a cellphone in Rajani's lap and issued him a distraction ticket.
The driver fought the fine in traffic court, where he admitted he had looked down but disputed the officer's description of how his phone was positioned.
The first judge to hear the case determined it didn't matter whether the cellphone was in Rajani's lap or wedged between his thigh and the seat because it was also plugged into a charger, and that was enough to constitute being in "use" under the Motor Vehicle Act.
The B.C. Supreme Court justice who heard Rajani's first appeal disagreed that simply having a phone plugged in – as opposed to actively plugging one into a charger – counts as use, but still upheld the conviction.
"She concluded that, even on Mr. Rajani's evidence, the phone was being supported in a way that permitted its use," Tuesday's appeals court ruling reads. "She found that Mr. Rajani's leg placement impacted the phone's position such that it was being 'held' within the meaning of the Act."
A narrow interpretation of what it means to hold a cellphone would let drivers "operate their vehicles with electronic devices in their laps, between their thighs, tucked under their arms or chins, or supported by other parts of their bodies," the justice said.
The appeals court panel agreed, quoting the definitions of "hold" from the Oxford English Dictionary, Merriam-Webster Dictionary, and Cambridge Dictionary in its decision to support a broader interpretation.
CTVNews.ca Top Stories
Canada Disability Benefit needs to safeguarded from clawbacks, MPs unanimously agree
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
BREAKING Security guard shot, seriously injured outside of Drake's Toronto mansion
A security guard working at Drake’s Bridle Path mansion in Toronto was seriously injured in a shooting outside the residence early Tuesday morning, police said.
King Charles too busy to see son Prince Harry during UK trip
Prince Harry will not be seeing his father King Charles during his current visit to Britain as the monarch will be too busy, Harry's spokesperson said on Tuesday.
opinion Tom Mulcair: Turfing Poilievre from House a clear sign of desperation by Trudeau Liberals
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
Your body needs these three forms of movement every week
Movement is movement, right? Not exactly. Here’s what your body is looking for in addition to your morning walk or yoga session, according to experts.
Six Canadian children repatriated from detention in Syria, Global Affairs Canada says
The Global Affairs Department says six Canadian children have been repatriated from detention in northeastern Syria.
'It looked so legit': Ontario man pays $7,700 for luxury villa found on Booking.com, but the listing was fake
An Ontario man says he paid more than $7,700 for a luxury villa he found on a popular travel website -- but the listing was fake.
Quebec to limit sperm donations per donor after 3 men from same family father hundreds of children
Quebec is looking at tightening the regulations around sperm donation in the province following the release of a documentary that revealed three men from the same family fathered hundreds of children.
Canadian cadets rock mullets and place second at U.S. military competition
Sporting mullets, Canadian Armed Forces officer cadets placed second in an annual military skills competition in the U.S.