Recently, the Longueuil Superior Court went further, declaring guilty of this offense a man who used a transceiver such as "CB" or "walkie-talkie" as part of his work as an electrician. Indeed, section 439.1 prohibits the use of a device with two characteristics:

• It can be hand-held;
• It has a telephone function.

The device must have among all of this characteristics, the role of a telephone and be kept on hand, which is the case in the situation that concerns us. The conclusion of the Court shall respect the rules of interpretation and gives a grammatical and ordinary sense harmoniously with the purpose of the statute and legislative intent, while respecting the principle of restrictive interpretation in criminal matters.

JE 2011-1314