CASE LAW - R v Thandi
The officer was mistaken your worship, I was talking on my wallet, not a cell phone! This was the defense advanced before Judicial Justice of the Peace H. W. Gordon by Bhavjit Thandi after being ticketed by Cst. LeBlanc, a member of the Capital Regional District Integrated Road Safety Unit. Cst. LeBlanc had watched Mr. Thandi drive up to a distracted driving operation through a spotting scope. He had observed Thandi holding a black device with a glowing blue screen to his ear and his lips were moving as if in conversation.
Subsequent to receiving the ticket, Mr. Thandi again approached the policing operation, but this time he had his wallet up to his ear and was flagged over by a different constable. He used this to try and convince the Justice that he had his wallet to his ear in the first incident as well. He was not successful.