Contempt by disobedience to the orders of the court
 


Project No. 93(III)

The Commission made 12 recommendations that seek to resolve key issues as to whether or not:

  • codification is a priority;
  • the distinction between civil and criminal contempt should remain;
  • the process for prosecuting an alleged contempt of court should continue as a summary process under the Supreme Court Rules or whether it should follow another form of criminal (or civil) procedure;
  • the sanctions presently available should continue, including imprisonment, fines and, in the case of a corporation, sequestration of assets;
  • any limitation should be placed on penalties; and
  • the role of the Director of Public Prosecutions should be strengthened in recognition of the public interest in securing compliance with court orders.