Supreme Court

Judge:

The Honourable Justice James L. Chipman

Heard:

December 17, 2014, in Halifax, Nova Scotia

Oral Decision:

December 17, 2014

Written Release

of Decision:

December 18, 2014

Subject:

Section 100D(1) of the Motor Vehicle Act R.S.N.S. 1989 c. 293 (the ”MVA”) pertaining to use of hand-held cellular telephone.

Summary:

The Respondent was acquitted under the above section on the basis that his use of his cellular telephone did not constitute use pursuant to s. 100D(1).  On Summary Conviction Appeal, the acquittal was set aside and the Respondent was convicted.

Issues:

(1)        What constitutes “use” under s. 100D(1) of the MVA?

Result:

Section 100D(1) of the MVA is not ambiguous and its clear words should be given effect.  The purpose in enacting the section was to prevent drivers from being distracted while operating a motor vehicle.  Accordingly, “use” should be given a broad interpretation to include holding a hand-held cellular telephone and looking at it in anticipation of an incoming text message.