The respondent was charged with driving while holding a hand-held wireless communication device after a police officer observed her holding a cellphone while stopped at a red light.
The respondent claimed she had only momentarily picked it up after it fell to the floor.
The trial court convicted her, but the appeal judge allowed her appeal, finding that 'holding' required sustained physical contact.
The Court of Appeal allowed the Crown's appeal and restored the conviction, holding that the ordinary meaning of 'holding' and the road safety objectives of the Highway Traffic Act dictate a complete prohibition on having a cellphone in one's hand while driving, regardless of the duration.
