Contempt of Court (Sentencing Cases)

This page was last substantively updated or reviewed January 2020. (Rev. # 93166)

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Offence Wording

Contempt

708 (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.

Punishment

(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part [Pt. XXII – Procuring Attendance (ss. 697 to 715.2)] and to his detention, if any.

[omitted (3)]

R.S., 1985, c. C-46, s. 708; R.S., 1985, c. 27 (1st Supp.), s. 203; 2019, c. 25, s. 289(F).
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Case Digests

Case Name	Prv.	Crt.	Sentence	Summary
R v Asselin, 2019 MBCA 94 (CanLII), per Cameron JA	MB	CA	9 months imprisonment	Find summaries of case.
R v Omar, 2017 ONSC 1833 (CanLII), per Molloy J	ON	SC	3 years imprisonment	The offender testified in his own defence at a first degree murder trial. He refused to answer relevant questions. Find summaries of case.
R v Bidesi, 2016 BCSC 171 (CanLII), per Butler J	BC	SC		Find summaries of case.
R v Nielsen, 2015 ABCA 143 (CanLII), per curiam	AB	CA		Find summaries of case.
R v Carlick, 2013 YKSC 83 (CanLII), per Brooker J	YK	SC		Find summaries of case.
R v McMillan, 2011 BCSC 1537 (CanLII), per Schultes J	BC	SC	18 months imprisonment	Find summaries of case.
R v Yegin, 2010 ONCA 238 (CanLII), [2010] OJ No 2083 (ONSC), per curiam	ON	CA	4 years imprisonment	The offender refused to testify during a murder trial. He was a "long-time member of the criminal underworld". Find summaries of case.
R v Esrabian, , [2010] OJ No 2896 (SCJ)(*no CanLII links)	ON	SC	4 years imprisonment	The offender refused to testify at a murder trial. This was his second conviction for contempt for refusing to testify at the same trial.
R v Jacob, 2008 MBCA 7 (CanLII), per Scott CJ	MB	CA	2 years imprisonment	Find summaries of case.
R v Abdullah, 2008 MBCA 48 (CanLII), per Scott CJ	MB	CA	3 years imprisonment	The judge said it could hardly be "worse case" and "worse offenders". Find summaries of case.
R v Abu-Sharife, 2006 BCSC 1981 (CanLII), per Grist J	BC	SC	2 years imprisonment	Find summaries of case.
R v Ayres, 1984 CanLII 3539 (ON CA), 15 CCC (3d) 208, per Goodman JA	ON	CA	18 months imprisonment	The offender was brought in to testify against a co-accused on a murder trial. He refused to testify. Court Appeal overturned conviction but commented that the sentencing range adequate. Find summaries of case.
R v Lamer, 1973 CanLII 1569 (QC CA), per Gagnon JA	QC	CA		Find summaries of case.
In Re Samuel Harold Gerson, Re Nightingale, 1946 CanLII 51 (SCC), [1946] SCR 547, per Kerwin J	SCC		3 months	Find summaries of case.
R v Strike, 1921 CanLII 706 (MB KB), 66 D.L.R. 474, [1921] 2 W.W.R. 876	MB	SC	2 years	Find summaries of case.
Ex parte Lunan, 1951 CanLII 119 (ON SC), 99 C.C.C. 136, [1951] 2 D.L.R. 589	ON	SC	1 year	Find summaries of case.
Re Diamond and The Ontario Municipal Board, 1962 CanLII 132 (ON CA), 32 D.L.R. (2d) 103, [1962] O.R. 328	ON	CA		Find summaries of case.