Law & Policy Updates
Is It Legal to Text at a Red Light in Ontario?
Plenty of drivers assume that being stopped changes everything — Ontario's courts have made clear it doesn't.
Quick answer: No, it's not legal. Section 78.1(1) of the Highway Traffic Act bans holding or using a hand-held wireless communication or entertainment device while driving, and Ontario's Court of Appeal has confirmed that a vehicle stopped at a red light -- as opposed to parked -- still counts as "driving" for this offence. In R. v. Kazemi, a driver was convicted for picking up her phone while stopped at a red light, and the court held that the law imposes a complete prohibition on having a phone in hand while driving, regardless of whether the vehicle happens to be momentarily stationary.
Key Takeaways
- Section 78.1(1) of the Highway Traffic Act bans hand-held device use while driving -- including while stopped at a red light.
- The Ontario Court of Appeal upheld a conviction for exactly this scenario in R. v. Kazemi.
- Being stopped in traffic isn't the same as being legally parked.
- A narrow exception exists for viewing a GPS or navigation device's display, separate from the hand-held ban.
What the Kazemi case decided
In R. v. Kazemi, 2013 ONCA 585, a driver was ticketed after picking up her phone while her vehicle was stopped at a red light. She argued that because the vehicle wasn't moving, she wasn't "driving" within the meaning of the distracted driving provision. The Ontario Court of Appeal disagreed, upholding her conviction and holding that the law imposes what it described as a complete prohibition on having a cell phone in hand at all while driving -- including while temporarily stopped in traffic, like at a red light.
Why "stopped" isn't the same as "parked"
The distinction that matters here is between a vehicle that's legally parked -- off to the side, not part of active traffic flow -- and one that's simply stopped as part of normal driving, such as waiting at a red light or sitting in stopped traffic. A vehicle in the second situation is still considered to be being driven for the purposes of the distracted driving law, even though it isn't physically moving at that exact moment.
The narrow exceptions that do exist
The Highway Traffic Act does carve out some specific, limited exceptions -- including viewing the display of a GPS or navigation device that's mounted to the vehicle and providing navigation information. These exceptions are narrow and tied to specific device functions, not a general allowance for phone use just because the vehicle happens to be stopped.
What this means for drivers
The safest approach, confirmed by the Court of Appeal's reasoning in Kazemi, is to treat a hand-held device as off-limits for the entire time a vehicle is part of active traffic -- moving or momentarily stopped -- and to wait until the vehicle is actually parked before picking up a phone.
Frequently Asked Questions
Can I check my phone while stopped at a red light in Ontario?
No. The Ontario Court of Appeal confirmed in R. v. Kazemi that a vehicle stopped at a red light still counts as driving for the hand-held device ban.
Does it matter if the vehicle isn't moving?
Not if it's simply stopped as part of traffic, such as at a light. The ban applies regardless of whether the vehicle is momentarily stationary -- it only stops applying once the vehicle is legally parked.
Are there any exceptions to the hand-held device ban?
Yes, a narrow one for viewing a vehicle-mounted GPS or navigation device's display, among a few other specific exceptions -- not a general allowance for stopped traffic.
Sources
Charged With Distracted Driving?
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