R. v. Jahani, 2017 BCSC 745

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Maisonville
Citation2017 BCSC 745
Docket Number27063
CourtSupreme Court of British Columbia (Canada)
Date05 May 2017
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9 practice notes
  • R. v. Tannhauser, 2020 BCCA 155
    • Canada
    • Court of Appeal (British Columbia)
    • June 1, 2020
    ...be used: a cellphone that is turned off can be turned on; a cellphone with a dead battery can be plugged in (see R. v. Jahani, 2017 BCSC 745, where a ticket was upheld for a person who did just that); a cellphone with software limiting its functionality can, potentially, be used to disable ......
  • R v. Bakhsheshi,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 28, 2022
    ...Some courts have found that "use" requires a holding and an accompanying act: R. v. Jahani, 2017 BCSC 745 at para. 57. The accompanying act requirement suggests that there must be some aspect of distraction. People have been found to not be using their devices where they were......
  • R. v. Sangha, 2020 BCSC 466
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 30, 2020
    ...there is some suggestion in the case law that the decisions of this court R. v. Partridge, 2019 BCSC 360 [Partridge], and R. v. Jahani, 2017 BCSC 745 [Jahani], are inconsistent with this decision, I disagree. I adopt the reasons of Madam Justice Watchuk in Sangret: the accompanying act as r......
  • R. v. Partridge, 2019 BCSC 360
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 1, 2019
    ...a necessary element of the offence. [5] The appellant notes that the meaning of “use” was addressed in some detail in R. v. Jahani, 2017 BCSC 745. There, Madam Justice Maisonville reviewed the statutory provisions dealing with “use”, together with case authorities, and concluded that the me......
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9 cases
  • R. v. Tannhauser, 2020 BCCA 155
    • Canada
    • Court of Appeal (British Columbia)
    • June 1, 2020
    ...be used: a cellphone that is turned off can be turned on; a cellphone with a dead battery can be plugged in (see R. v. Jahani, 2017 BCSC 745, where a ticket was upheld for a person who did just that); a cellphone with software limiting its functionality can, potentially, be used to disable ......
  • R v. Bakhsheshi,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 28, 2022
    ...Some courts have found that "use" requires a holding and an accompanying act: R. v. Jahani, 2017 BCSC 745 at para. 57. The accompanying act requirement suggests that there must be some aspect of distraction. People have been found to not be using their devices where they were......
  • R. v. Sangha, 2020 BCSC 466
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 30, 2020
    ...there is some suggestion in the case law that the decisions of this court R. v. Partridge, 2019 BCSC 360 [Partridge], and R. v. Jahani, 2017 BCSC 745 [Jahani], are inconsistent with this decision, I disagree. I adopt the reasons of Madam Justice Watchuk in Sangret: the accompanying act as r......
  • R. v. Partridge, 2019 BCSC 360
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 1, 2019
    ...a necessary element of the offence. [5] The appellant notes that the meaning of “use” was addressed in some detail in R. v. Jahani, 2017 BCSC 745. There, Madam Justice Maisonville reviewed the statutory provisions dealing with “use”, together with case authorities, and concluded that the me......
  • Request a trial to view additional results

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