CIVIL AND CRIMINAL ASPECTS OF CONTEMPT OF COURT

Abstract

In order to examine the contentious distinction between criminal and civil contempt, the author formulates a general rule for classification of actions into one or the other category: civil contempt is where a party acts in disobedience to an order made against him by a court or judge; any other contempt is criminal. He classifies various acts as falling under criminal contempt, civil contempt, exceptions to the general rule including what he calls amphibious acts, contempt under the Quebec Code of Civil Procedure, statutory contempt and contempt of Parliament and the legislatures. He then inquires into the aspects of criminal and civil contempt under the following headings: exercise of the contempt power, alternative remedies, mens rea, appeals, pardons, disciplinary powers, privilege and limited privilege. Finally, there is a brief consideration of constitutional powers in relation to contempt.