S.-É. Bourbonnais

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

The defendant admitted to holding and handling his cell phone while at a stop sign but argued he was not "driving" because his vehicle was in park mode.

The court rejected this argument, finding that stopping momentarily at a stop sign or red light constitutes "driving" under the HTA, regardless of whether the engine is in park mode.

The court applied a broad purposive interpretation of the statute consistent with its purpose of minimizing distracted driving and followed the Ontario Court of Appeal's decision in York (Regional Municipality) v. Tassone.

The defendant was found guilty.

Two experienced hunters were charged with unlawfully discharging a firearm without due care and attention for people or property, and with hunting wildlife during prohibited hours.

During a hunting expedition on Meadow Creek, the defendants fired at geese, striking a seven-year-old child and his stepfather in a nearby boat.

The prosecution withdrew the charge regarding prohibited hunting hours.

The court found the defendants not guilty of careless hunting, holding that the prosecution failed to establish a breach of duty deserving of punishment.

The defendants were hunting during legal shooting hours with adequate visibility, from their boat as they stated, and could not have foreseen the victim's boat emerging from around a bend in the creek.

The victim's boat was essentially invisible and silent, making it unforeseeable to the defendants.