On October 23rd, 2015, the Supreme Court of Nova Scotia (Court) released its decision in R v Ikede, 2015 NSCC 264, dismissing an appeal of the Nova Scotia crown from a decision of a trial judge finding that use of a voice activated navigational system a cell phone while driving was not a “use” of the cell phone that violates Section 100(D)(1) of Nova Scotia’s Motor Vehicle Act, RSNS 1989, c 293 (the Act). Section 100(D)(1) of the Act prohibits “use of a hand-held cellular telephone […] while operating a vehicle on a highway.”
The facts in the case were not in dispute. Dr Ajirogho Enakeno Ikede (Ikede) was seen by police driving his vehicle and raising his phone to his mouth to ask Siri, a voice activated feature on iPhones, for directions. Ikede was stopped and charged with an offence under Section 100(D)(1) of the Act.
The trial judge found that the word “use” in the Act must be interpreted in “the context of distraction”. Since the phone was being used by Ikede during safe operation of the vehicle, and Ikede was not required to look at his device, Ikede’s use of the cellular phone fell outside the scope of the “use” intended in the Act.
The Court’s reasons included analysis of how the word “use” had been interpreted in other provinces, which supported a conclusion that “use” requires a context-based definition. In the Court’s view, interpreting “use” to include all purposeful interactions with a device having cellular capability was outside the scope intended in the Act. In fact, the Court stated that the iPhone’s Siri feature was not being used by Ikede to divert his attention, but rather, for the purpose of driving more safely.