A recent court ruling adds to the growing list of decisions that interpret the law on the use of portable devices while behind the wheel.
Boulianne’s decision cites previous rulings as examples, noting how the interpretation of what counts as using a cellphone has kept expanding in the years since.
Last year, a judge ruled a Quebec City man who was holding his phone while it was off was not breaking the law. Then, a week later, a Montreal municipal court judge acquitted a man caught in the act of unplugging his phone and placing it in his pocket. However, Boulianne added, there remains a “difference of opinion” when interpreting connecting or disconnecting a phone.
“With respect,” Boulianne added, “the job of the courts is to interpret the legislation, not to seek to distort the legislative intent to make it more coercive.”Article content
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