NCJ Number
44627
Journal
Canadian Journal of Criminology Volume: 20 Issue: 1 Dated: (JANUARY 1978), BACK SECTION P 1-69
Date Published
1978
Length
76 pages
Annotation
CONTEMPT LAWS IN CANADA ARE ANALYZED AND DISCUSSED, AND A PROPOSAL FOR REFORM OF THESE LAWS IS PRESENTED.
Abstract
THE DOCTRINE OF CONTEMPT OF COURT IS DESIGNED TO MEET TWO OBJECTIVES: (1) TO ENSURE THAT COURT ORDERS IN BOTH CIVIL AND CRIMINAL MATTERS ARE OBEYED; AND (2) TO PROMOTE RESPECT FOR THE COURTS. CANADIAN CONTEMPT LAW IS ONLY PARTIALLY CODIFIED; THE COURTS' COMMON LAW POWER IS INCORPORATED INTO CANADIAN CRIMINAL LAW. BECAUSE OF THE WIDE VARIETY OF SITUATIONS WHERE THE DOCTRINE IS INVOKED AND BECAUSE OF ITS SOMEWHAT VAGUE NATURE, THE CONTEMPT OF COURT CHARGE OFTEN APPEARS TO BE UNJUST, ARBITRARY, AND OVERUSED. THE FIVE TYPES OF CONTEMPT -- MISBEHAVING IN COURT, DISOBEYING A COURT ORDER, SCANDALIZING THE COURT, OBSTRUCTING JUSTICE, AND ATTEMPTING TO INFLUENCE THE OUTCOME OF A TRIAL -- ARE EVALUATED, ALONG WITH LEGAL POLICY CONSIDERATIONS OF EACH. RECOMMENDATIONS FOR REFORM ARE DISCUSSED, THEN SUMMARIZED FOR THE PURPOSE OF FACILITATING PUBLIC REACTION AND COMMENT. THE MAJOR REFORMS RECOMMENDED ARE: CODIFICATION OF ALL OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE; ELIMINATION OF THE COMMON LAW OFFENSE OF CONTEMPT OF COURT; AND CLARIFICATION, SIMPLIFICATION, AND DEFINITION OF THE TYPES OF CONTEMPT AND OF ADMISSIBLE DEFENSES TO THE CHARGE OF CONTEMPT.