Insights from 2023 BC Court Cases on Electronic Device Violations
It is strange that here we are in late September and no new decisions have been reported from British Columbia courts in 2024 regarding violations for using electronic devices while driving. Most years, we would expect to see two or three decisions by now. Although cell-phone cases were very common in the past, perhaps because enforcement has become lax, we see this noteworthy absence of new case law.
As practitioners, we regularly conduct trials involving these types of violations, and decisions from these cases play a crucial role in shaping how the law is interpreted and applied. The lack of new decisions leaves us with no fresh judicial interpretations for 2024, relying instead on the guidance from cases heard in 2023.
We think this gap may be a result of changes in enforcement patterns but another factor could be fewer contested cases reaching judgment. Whatever the cause, it stands out as an anomaly, especially when considering that distracted driving remains a significant safety concern on British Columbia’s roads.
Key Insights from 2023 Cases
1. R. v. St. Martin (January 24, 2023, 2023 BCPC 13)
In R. v. St. Martin, the accused was charged with using an electronic device while driving on March 8, 2021. The defendant sought a judicial stay under Section 24(1) of the Canadian Charter of Rights and Freedoms, arguing that his right to be tried within a reasonable time (protected by Section 11(b) of the Charter) had been infringed due to delays. The court concluded that the delay was unreasonable, and a judicial stay was granted. This case emphasizes that even minor traffic offenses must still adhere to the right to a timely trial.
2. R. v. Cheung (March 16, 2023, 2023 BCPC 203)
In R. v. Cheung, the defendant was observed using a fitness tracker, which was capable of receiving text messages, while stopped at a red light. The case focused on whether this wrist-worn device qualified as a ‘hand-held electronic device’ under Section 214 of the Motor Vehicle Act. Ms. Cheung was acquitted, as the court ruled that the fitness tracker did not meet the legal definition of a hand-held device.
3. R. v. Buchanan (April 17, 2023, 2023 BCSC 1343)
In R. v. Buchanan, the defendant was convicted of using an electronic device while filming a protest convoy and disobeying a police officer. The conviction for using an electronic device was overturned due to a lack of evidence showing that the device was being used according to the statutory definition. A new trial was ordered.
4. R. v. Mirza (April 28, 2023, 2023 BCSC 881)
In R. v. Mirza, the defendant was convicted of using an electronic device after his phone was observed lying flat on his thigh. The court upheld the conviction, ruling that having the phone in a position where it could be used qualified as ‘holding’ under the law, even if the device was not being actively operated.
The 2023 decisions provide useful insights into how the courts interpret distracted driving laws.. The courts’ broad interpretations of ‘use’ and ‘holding’ an electronic device continue to shape the enforcement of distracted driving enforcement and future interpretations of the law. It will be important to monitor for any further developments as the year progresses.
If you have a cell phone ticket, give us a call. We’re the BC driving lawyers and we know how to defend these tickets.