It should be noted that in Ontario, there is an exception to the ban on using hand-held devices:
Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2.
In a recent case, a driver who was convicted under this offence, argued on appeal that because the phone was between her right ear and shoulder, she was not "holding" the phone and therefore not guilty of the offence.
The court determined that "holding" is not restricted to one using her hands and that she was holding the phone using her shoulder and ear.
The court also didn't accept her argument that this was "hands-free" mode (i.e. since she wasn't using her hands) and insisted that the legislature intended the "hands-free" exception to mean the hands-free phone functions provided by the automakers and car companies, rather than using ones phone without hands.