A recent decision from the British Columbia Provincial Court acquitted a driver of using a cellphone while driving. Vancouver Island police were conducting a cellphone and seatbelt safety campaign when they charged a driver with using a cellphone while driving. The driver had been informed by his employer that his cellphone had been equipped with software that disabled it from functioning when it was in a vehicle in motion. At the time he was charged, he had moved it from the passenger seat beside him to the dashboard.
The judge considered the term “use” in both the Motor Vehicles Act and the Use of Electronic Devices While Driving Regulation. Every jurisdiction has its own distracted driving law, so the facts of this case may not be applicable elsewhere.
R. v. Tannhauser, 2018 BCPC 183
h/t What’s hot on CanLII this week.
Occasionally, members request decisions and legislation from the United Kingdom. In order to fill that need, we subscribe to ICLR, The Incorporated Council of Law Reporting for England and Wales. Each week we receive the Weekly Case Law Update. We plan to make this a regular Monday feature for readers of Great LEXpectations.
If, after reading the digest, you would like a copy of any of the decisions, please contact us and we will be happy to provide it to members of the Law Society of Manitoba.
Here’s the Weekly Case Law Update for July 30, 2018.
As information professionals, we are specialists in finding answers. But we also love to share our methods with everyone. One way to do this is by creating guides and tutorials on how to do what to us, are simple tasks, but to others, may be a challenge. The first guide we’ve created is on how to know when there are new Manitoba decisions on CanLII.
Manitoba’s courts have been distributing their decisions for free on CanLII since the turn of the century. Currently, we distribute the decisions to the legal publishers the day we receive them. CanLII usually has them available online within 24 hours.
Our guide, created by Allyssa McFadyen, demonstrates how to set up an alert in your calendar program to remind you to check CanLII for new results, or how to set up an RSS feed to be notified when new content has been published. Once these systems are set up, it is a simple matter to stay on top of new caselaw.
We plan to publish additional guides in the future, on such topics as how to search Hansard (Manitoba edition), and how to use our catalogue. If you have suggestions for research methods you would like explained, please let us know. Check our page, Legal Ease, for new content. It happens to be RSS-ready.
Every Wednesday, CanLII publishes the top three English language decisions (and the top French language decision) based on viewing. Sometimes it’s the latest Supreme Court decision, other times it’s a decision reflecting a novel interpretation of the law. Or it could be what was on the curriculum at law school.
Whatever the reason, I make sure to check out the post on Slaw.ca . This is one method I use to stay abreast of new developments.
Last week’s number one decision was Mary Shuttleworth v. License Appeal Tribunal, 2018 ONSC 3790. This was an appeal of a decision denying the applicant benefits for catastrophic impairment after a motor vehicle accident.
And look – tomorrow’s Wednesday again…
In library jargon, current awareness is the process of keeping clients up to date on new issues in their area of interest. In the legal profession, that function is served by publishers of newsletters, bulletins, and newspapers.
Through our subscriptions, we can provide you with topical commentary in many areas of law. Rather than list them all, I’ll start off with a general one: LawSource Case Notes. This issue’s contents include digests on Civil Practice and Procedure, Construction Law, Contracts, Criminal Law, Evidence, Family Law, Immigration and Citizenship, Insurance, Pensions, Public Law, Real Property, Remedies, and Tax.
If you would like to receive LawSource Case Notes, please email us at firstname.lastname@example.org so we can set up a distribution list.
Here’s your first issue for review: LawSource Case Notes 2018-22