K. De Freitas

The appellant appealed a conviction under s. 78.1 of the Highway Traffic Act for driving while holding and using a hand-held wireless communication device.

He did not challenge the trial justice's factual findings or legal interpretation, but argued for a novel public-interest defence based on his employment duties operating a transit fare device.

The appeal court held that the offence and statutory exemptions were correctly applied, that being stopped at a red light did not excuse the conduct, and that it was not the court's role to create an additional defence not enacted by the Legislature.

The conviction appeal was dismissed.

The accused was found not criminally responsible for violent offences including aggravated assault and attempt murder.

At the initial disposition hearing, the Ontario Review Board found that the accused continues to pose a significant threat to public safety due to schizophrenia, cannabis use disorder, and antisocial personality traits.

The Board ordered a detention disposition at the hospital, declining to specify a unit but restricting any future community living placement to 24/7 supervised accommodation approved by the person in charge.