The respondent was convicted of driving while holding a hand-held wireless communication device contrary to s. 78.1(1) of the Highway Traffic Act.
The appeal judge allowed the appeal, holding that the Crown must prove the cellphone was capable of receiving or transmitting.
The Crown appealed.
The Court of Appeal allowed the appeal and restored the conviction, holding that the requirement for a device to be capable of receiving or transmitting applies only to prescribed devices, not to cellphones.
