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.
It’s your last chance for Law Society of Manitoba summer replays. Programs you may have meant to attend earlier in the year are now available for viewing at the law society’s new offices at 200 – 260 St. Mary Avenue. Register here.
The Manitoba Bar Association Family Law Section’s program “New Model for Scheduling and Case Flow Management” on August 23rd is full for in-person attendance, however, webinar registration is still available. The Court of Queen’s Bench Family Division will be introducing a New Model for Scheduling and Case Flow Management in respect of Non-Child Protection matters. Scheduling under the new model is anticipated to commence September 2018 with this then to be implemented and published in the circulated 2019 rotas.
Annual Rural Bar programs are also accepting registration. The Central Bar Annual CPD will take place in Portage La Prairie on August 24th. The first presentation will be on real estate conveyancing with a focus on trust conditions. The second presentation will be on the proposed federal Bill C-46 amendments to the transportation provisions in the Criminal Code, primarily focusing on drug-impaired driving. This is in anticipation of the legalization of marijuana under the federal Cannabis Act.
The Western Bar Annual CPD will take place at Elkhorn Resort and Conference Centre in Clear Lake, on September 7th. This presentation will focus on the important topic of diversity and inclusion.
This Monday, August 6th, the library along with the courthouse will be closed. Members of the Law Society of Manitoba have after hours access from 10 – 5, by signing in at the Kennedy Street entrance.
Enjoy the long weekend – the forecast is for 30 degrees!
Here’s a helpful resource from the Immigration and Refugee Board of Canada:
Interpretation of the Convention Refugee Definition in the Case Law
- Ch. 1 – Introduction
- Ch. 2 – Country of Persecution
- Ch. 3 – Persecution
- Ch. 4 – Grounds of Persecution – Nexus
- Ch. 5 – Well-founded Fear
- Ch. 6 – State Protection
- Ch. 7 – Change of Circumstances, Compelling Reasons, and Sur Place Claims
- Ch. 8 – Internal Flight Alternative (IFA)
- Ch. 9 – Particular Situations
- Ch. 10 – Exclusion Clauses – Article 1E
- Ch. 11 – Article 1F
Additional Immigration and Refugee Board of Canada Legal Resources are also available.
h/t @LAManitoba (Legal Aid Manitoba)
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.