New Case Law: Lawful To Momentarily Hold A Cell Phone
Some very recent case law regarding cell phones.
The short synopsis is that briefly holding your cell phone is lawful. The accused in this matter was observed with her phone in her hand at a red light. She claimed to have simply just picked it up off the floor.
From the decision:
Given the objective is to promote road safety by banning resort to and the use of such devices while operating a motor vehicle, it is not necessary to prohibit a driver from merely touching a cell phone, for example, just to hand it to a passenger or to move it within the car. The short mental distraction and physical interference with the ability to drive caused by such acts are not intended to be caught by the provision. There must be some sustained physical holding of the device in order to meet the definition.
The case is R v. KAZEMI - Link: http://www.canlii.org/eliisa/highlight. ... cj383.html
I do have issue with the fact that the officer observed the accused staring down at an open flip phone, which to me indicates use versus simply picking it up off the floor, but the ruling sill applies regardless.