Cell Phone Use and Driving: Mian vs. City of Ottawa Report (Assessment)

Exclusively available on Available only on IvyPanda® Made by Human No AI

This paper aims to summarize the case of Mian v. City of Ottawa. Irfan M. Mian is an applicant and defendant in this case, and the City of Ottawa is a respondent and prosecution side. Mian is a counsel for himself, and Madeleine Hayes is counseling for the City of Ottawa. The case was heard on March 28, 2017, by Marc R. Labrosse J., and the final judgment was on April 5, 2018.

According to Marc R. Labrosse J., the Applicant is charged with “driving while holding or using a hand-held communication device,” which is contrary to subsection 78.1(1) of the Highway Traffic Act, RSO 1990, c.H.8 (Mian v. City of Ottawa 1). Also, the Applicant seeks the disclosure of first-party records, the disciplinary records, and the employment file for Officer Darren Zorn, who is reported to have had a drug addiction for six years before 2013 (Mian v. City of Ottawa 1).

Considering the position of the Applicant, several principal aspects should be observed. First of all, Mian relies primarily on extraordinary remedies, which are described in para. 140 of the Provincial Offences Act, RSO 1990, c.P.33. However, the judge considers the disclosure of the disciplinary records to be irrelevant to the case. Nevertheless, the Applicant assumes that in these particular circumstances, the criteria for the disclosure were met, and thus there is a miscarriage of justice.

Considering the position of the Crown, there are three critical reasons to dismiss the Application. Primarily, the defendant has failed to comply with the “30-day notice requirements in s. 141(1) of the POA” (Mian v. City of Ottawa 2). Secondly, the Crown argues that, on this stage of proceedings, it is inappropriate to seek “relief by way of certiorari” (Mian v. City of Ottawa 2). Thirdly, it is stated that the disciplinary records should not be disclosed in this particular case.

To further elaborate on the position of the Crown about the relief against a pre-trial ruling, it should be observed that applications for certiorari or a Charter are rarely granted (Mian v. City of Ottawa 2). The Court of Appeal states that such relief is limited to jurisdictional errors, and it is also suggested that the disclosure of documents to defendants should only be granted if non-disclosure has a profound impact on the fairness of the proceeding of the case (Mian v. City of Ottawa 2). It is concluded in the case that the refusal of the Application is not an error that should go to jurisdiction, even if it is an error in fact.

However, the case also provides a perspective on Defendant’s reasoning behind his Application. The Applicant emphasizes the fact that the decision of the Supreme Court of Canada in McNeil supports his position. Mian argues that the requests for disciplinary records do not always require an O’Connor Application before disclosure. Primarily, Defendant doubts the credibility of the officer, and thus he strives to justify the first party records disclosure (Mian v. City of Ottawa 3).

However, the Crown specifically stated that the disclosure of these records is not relevant to the case without O’Connor’s Application. Nevertheless, Defendant decided to proceed with his Application despite the Crown’s decision. In conclusion, it is stated that the Charter application and the application for certiorari “to obtain the disciplinary records as part of the first party records disclosure” are dismissed (Mian v. City of Ottawa 3).

Work Cited

Mian v. City of Ottawa, 2018 ONSC 2131, 2018 CarswellOnt 5388.

More related papers Related Essay Examples
Cite This paper
You're welcome to use this sample in your assignment. Be sure to cite it correctly

Reference

IvyPanda. (2021, May 9). Cell Phone Use and Driving: Mian vs. City of Ottawa. https://ivypanda.com/essays/cell-phone-use-and-driving-mian-v-city-of-ottawa/

Work Cited

"Cell Phone Use and Driving: Mian vs. City of Ottawa." IvyPanda, 9 May 2021, ivypanda.com/essays/cell-phone-use-and-driving-mian-v-city-of-ottawa/.

References

IvyPanda. (2021) 'Cell Phone Use and Driving: Mian vs. City of Ottawa'. 9 May.

References

IvyPanda. 2021. "Cell Phone Use and Driving: Mian vs. City of Ottawa." May 9, 2021. https://ivypanda.com/essays/cell-phone-use-and-driving-mian-v-city-of-ottawa/.

1. IvyPanda. "Cell Phone Use and Driving: Mian vs. City of Ottawa." May 9, 2021. https://ivypanda.com/essays/cell-phone-use-and-driving-mian-v-city-of-ottawa/.


Bibliography


IvyPanda. "Cell Phone Use and Driving: Mian vs. City of Ottawa." May 9, 2021. https://ivypanda.com/essays/cell-phone-use-and-driving-mian-v-city-of-ottawa/.

If, for any reason, you believe that this content should not be published on our website, please request its removal.
Updated:
This academic paper example has been carefully picked, checked and refined by our editorial team.
No AI was involved: only quilified experts contributed.
You are free to use it for the following purposes:
  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment
Privacy Settings

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

  • Basic site functions
  • Ensuring secure, safe transactions
  • Secure account login
  • Remembering account, browser, and regional preferences
  • Remembering privacy and security settings
  • Analyzing site traffic and usage
  • Personalized search, content, and recommendations
  • Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Required Cookies & Technologies
Always active

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Site Customization

Cookies and similar technologies are used to enhance your experience by:

  • Remembering general and regional preferences
  • Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy.

Personalized Advertising

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy.

1 / 1