FLAWED LAW?

Gov’t monitoring distracted driving regulations

REGINA — The Saskatchewan government is aware that some police officers argue the provincial law against using a cellphone while driving is flawed.

As opposed to Ontario and British Columbia, where drivers are forbidden to hold or use a cellphone while driving, Saskatchewan’s law states that drivers must be using their phones to be given a ticket.

That means it isn’t enough for police to see a driver holding a phone — they have to prove beyond a reasonable doubt that the phone was being used. Traffic police say doing so can lead to a grey area that can be frustrating.

Speaking during the province’s announcement of its Road Safety Challenge, minister responsible for SGI Donna Harpauer said the government is aware of the issue and is looking at how similar laws are handled in other parts of the country.

“I personally am concerned whether or not there is a law when it’s such a hard one to prove in court, and we’ll be watching to see what works in other provinces,” Harpauer said.

Regina traffic officers have said the wording of the law has also led to many cellphone tickets being thrown out of court. This was the case in a 2011 appeal at Saskatoon’s Court of Queen’s Bench.

In his decision in favour of the appellant who had received a ticket, Justice Marty Popescul wrote: “In Saskatchewan, it is not an offence to hold or handle a cellular phone while driving on a highway unless one is using it for one of the express purposes referred to in s. 241.1(1) (d). It is an error in law to find someone guilty of handling a cellular phone when mere handling, in and of itself, is not an offence.”

Harpauer said the government is monitoring how cellphone tickets hold up in court.

“We do keep an eye on what happens to them when they go to court, yes. And it is an issue,” she said.

Regina Police Chief Troy Hagen said police are willing to work with policy-makers through the consultative process, and that it’s an area where feedback will be taken into account.

“We always have ongoing discussions with respect to strengthening existing laws and currently that’s an area that will be canvassed,” Hagen said.

RACHEL PSUTKA/Leader-Post Regina police Const. Curtis Warnar writes a ticket for a distracted driver during a day of patrol on Monday. Non-standard police vehicles like unmarked trucks allow officers to get a look into the laps and hands of drivers, who are too commonly using...