Courts tend to be very stringent when it comes to enforcing this offence. A BC government PR campaign against distracted driving has not helped the situation. The courts have taken a very broad interpretation of what constitutes “use” of an electronic device.
And I want to break that down.
Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses self defense and privacy in a police station.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
In the second half of the episode, I am joined by Paul Doroshenko of Acumen Law Corporation. We discuss another issue of police discipline, involving two officers who were caught on camera using a “coin-toss” app to make a decision about whether or not to arrest. Then, we ponder the possibility of police seizing and using biometric data on cell phones in drug impaired driving cases.