A. Henderson

The defendant was charged with holding a handheld communication device while driving, contrary to section 78.1(1) of the Ontario Highway Traffic Act.

The charge arose from an incident on May 16, 2018 in Oakville.

At trial, the Crown's officer testified that the offence occurred at 4:53 p.m., while the Provincial Offence Notice indicated 4:36 p.m., creating a 17-minute discrepancy.

The defendant moved for a directed verdict based on this discrepancy.

The court rejected the motion, finding that time is not an essential element of the offence under provincial offences law.

The defendant called no evidence and mounted no defence.

The court found the Crown had proven its case beyond a reasonable doubt and convicted the defendant.

The defendant was charged with driving while holding a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act.

The sole issue at trial was whether the black-coloured object observed in the defendant's hand was a cell phone.

A police officer testified that he observed the defendant holding what he identified as a cell phone while driving on the QEW.

The court found that while the prosecution established the defendant was holding an object on a balance of probabilities, it failed to prove beyond a reasonable doubt that the object was a cell phone.

The officer's lay opinion was equivocal, lacking sufficient factual basis and containing internal inconsistencies.

The defendant was acquitted.