R. v. Haliwyz (C.J.), (2015) 471 Sask.R. 319 (PC)

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 25, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 471 Sask.R. 319 (PC);2015 SKPC 24

R. v. Haliwyz (C.J.) (2015), 471 Sask.R. 319 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.009

Her Majesty the Queen v. Cory J. Haliwyz

(Ticket No. 786927; 2015 SKPC 24)

Indexed As: R. v. Haliwyz (C.J.)

Saskatchewan Provincial Court

Gordon, P.C.J.

March 25, 2015.

Summary:

The accused was charged with using an electronic communication device while driving contrary to s. 241.1(2) of the Traffic Safety Act.

The Saskatchewan Provincial Court found the accused not guilty.

Motor Vehicles - Topic 2030

Regulation of vehicles and traffic - Manner of driving - General - Use of cell phone while driving - The accused picked up his cell phone briefly while driving to see who an incoming text was from - He did not read the text and did not respond - He was charged with using an electronic communication device while driving (Traffic Safety Act, s. 241.1) - The Crown argued that the word "use" in the legislation and "text" encompassed the accused's actions of picking up the phone and looking at the screen - The Saskatchewan Provincial Court found the accused not guilty - The accused looked at the screen, saw who it was and nothing more - He did not touch any of the controls, press any of the buttons or do anything active - The court held that the definition of use in the legislation was not so encompassing as to prohibit looking at your electronic communication device.

Cases Noticed:

R. v. Schafer (R.C.) (2011), 367 Sask.R. 316; 2011 SKQB 127, refd to. [para. 7].

R. v. Farden (K.) (2014),  459 Sask.R. 248; 2014 SKQB 340, refd to. [para. 9].

Statutes Noticed:

Traffic Safety Act, R.S.S. 2004, c. T-18.1, sect. 241.1(1), sect. 241.1(2) [para. 6].

Counsel:

Rob Parker, for the Crown;

Cory Haliwyz, self-represented.

This matter was heard before M. Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on March 25, 2015.