Driver glancing at phone not breaking law: Moose Jaw judge

The Crown urged the judge to consider this “use” of the phone, which is defined in the legislation. That definition outlines making phone calls, texting, talking, e-mailing and surfing or accessing the internet or using the device “for any other prescribed purpose”.

The man told the court his phone vibrated while sitting in the console of his vehicle. He picked it up to glance at the name of the person who texted. He said it did not take 30 to 45 seconds and that he was adjusting the temperature controls in his van at the time.

The judge ruled that she accepted the man’s testimony. She said the legislation does define use of electronic communication devices.

“There are many potential driver actions that impact on traffic safety,” said Judge Margaret Gordon.

“However, it would be impossible to specifically itemize all of the various types of uses a person can make of their cell phone that would come within the legislation.”

But her interpretation is that you must be doing something with your phone to be breaking the law. The man ticketed “looked at the screen, saw who it was and nothing more.”

“In my view the definition of use in the legislation is not so encompassing to as to prohibit looking at your electronic communication device,” wrote Gordon in finding the man not guilty.

The decision also states that the law in British Columbia and Ontario makes it illegal to hold a cell phone while driving. But holding a phone while driving isn’t an offence in Saskatchewan.

Read the full decision here.

panews@jpbg.ca

On Twitter: @KarenBrownlee

by Karen Brownlee

Driver glancing at phone not breaking law: Moose Jaw judge

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