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LEGAL REPORT/INSURANCE LAW Safety concerns driving new auto legislation But could some of the new laws be trampling people's rights? BY DONALEE MOULTON M ulti-tasking is a way of life for many Canadians. Most provinces are moving to ensure, however, that doing more than one thing at one time does not happen behind the wheel. "Many drivers today tend to view driv- ing, especially in familiar environments, as a simple everyday task that requires minimal attention. In fact, driving is a complex task that requires your full atten- tion every time you get behind the wheel. Anything that distracts or competes with a driver's attention impairs driving per- formance and increases the risk of a col- lision," says Emna Dhahak, spokeswoman for Ontario's Ministry of Transportation in Toronto. Initially, what has come to be known as distracted driving legislation was tar- geted primarily at hand-held cellphone use. Newfoundland and Labrador was the first to introduce a ban in 2003. "We are convinced cellphone use by drivers constitutes a serious diversion which must be discouraged to promote safe driving and help reduce injuries, costs, and insur- ance rates," Walter Noel, then-minister of Government Services and Lands, said at the time. "While all Canadian provinces are considering similar legislation," he added, "we are the first province to pro- pose action." Newfoundland and Labrador is no longer alone. Today most provinces have some form of distracted driving legisla- tion in place — and many are updating these laws to keep pace with changing technology. Nova Scotia became the second province to nix hand-held cell- phone use and texting in 2008. Last year, it added more oomph to the legislation with the introduction of increased penal- 42 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com ties, which doubles fines (up to $570) and includes the loss of four demerit points. Since legislation was enacted, more than 8,300 tickets have been issued. New Brunswick is the most recent province to join the growing list. Late in 2010, the government proposed a new law that would prohibit while driving the use of any electronic device with a display screen, communication device, or entertainment device that is not firmly attached to a vehicle's dashboard. The move got a round of applause from the Insurance Bureau of Canada (IBC). "Until a few years ago, there wasn't a strong stigma against intoxicated driving. Today, it is universally condemned. As a society, we need to do the same thing with distracted driving," says Bill Adams, IBC's vice president, Atlantic, in the wake of the government's announcement. As a society, we are moving beyond the KAThRyN JANKOwSKI