Sometimes in criminal court, people are prohibited from possessing cellphones. This is usually the case when there is a direct correlation between the alleged offence and the use of a cellphone. This includes cases of criminal harassment, voyeriusm, and sex offences. This usually occurs at the bail stage but can occur after if there is a finding of guilt. An effective lawyer can advocate for his client by saying that cellphones are essential for day to day business, work, staying connected with family, friends, and their surety. If the charges are serious enough, then you can always ask to have a non-smart phone or have the cellphone provider disable the camera.
Now on to a possible cell Phone ban in the classroom. The province will likely be able to introduce legislation banning cellphones in the classroom. The province has power under the constitution to justify this under the educational mandate. Of course, implementing and enforcing it will be a whole other can of rooms. How are students expected to keep in touch with parents and after school programming? If a student does bring their phone to school and gets caught one too many times, is the school allowed to seize the phone? A challenge to such legislation is unlikely. What’s important is that the enforcement of such a rule is equal across the province.
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