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NCJ Number: 43559 Find in a Library
Title: CONTEMPT OF COURT - OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE
Author(s): ANON
Corporate Author: Law Reform Cmssn of Canada
Canada
Date Published: 1977
Page Count: 159
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
Format: Document
Language: English; French
Country: Canada
Annotation: THE NATURE OF CONTEMPT OF COURT IN CANADA AND THE STATUS OF CANADIAN LAW OR CONTEMPT ARE DISCUSSED, AND SUGGESTIONS FOR REFORM OF THIS LAW ARE PRESENTED.
Abstract: A DISTINCTION IS MADE BETWEEN CIVIL CONTEMPT, RESULTING PRIMARILY FROM DISOBEYING A JUDGMENT OR COURT ORDER, AND CRIMINAL CONTEMPT, RESULTING FROM WORDS, ACTS, OR WRITINGS THAT CONSTITUTE AN OBSTRUCTION OF OR DISCREDIT TO THE ADMINISTRATION OF JUSTICE. THE DIFFERENCE BETWEEN CONTEMPT IN THE FACE OF THE COURT (IN FACIE) AND CONTEMPT OUT OF COURT (EX FACIE IS ALSO EXAMINED. IN ADDITION TO SUCH STATUTORY OFFENSES AS OBSTRUCTING JUSTICE, PERJURY, AND CORRUPTING JUDICIAL OFFICIALS, WHICH ARE CONTAINED IN THE CANADIAN CRIMINAL CODE AND ARE INTENDED TO PROTECT THE ADMINISTRATION OF JUSTICE, SEVERAL OFFENSES AGAINST THE RULES OF CONTEMPT EXIST: MISBEHAVING IN COURT, DISOBEYING A COURT ORDER, SCANDALIZING THE COURT, OBSTRUCTING JUSTICE, AND ATTEMPTING TO INFLUENCE THE OUTCOME OF A TRIAL (SUBJUDICE RULE). THE BASIS AND LEGAL POLICY CONSIDERATIONS FOR EACH OF THE LATTER TYPES OF CONTEMPT ARE DISCUSSED. RECOMMENDATIONS FOR REFORM ARE SUMMARIZED, AND THE FRAMEWORK, LIMITS, AND IMPLEMENTATION OF REFORM ARE DISCUSSED. PRINCIPAL SUGGESTIONS CENTER ON DEFINITION OF THE RULES OF CONTEMPT AND THEIR INCORPORATION INTO THE CRIMINAL CODE SO THAT ALL OFFENSES AGAINST THE ADMINISTRATION OF JUSTICE WILL BE OF A STATUTORY NATURE. A BIBLIOGRAPHY AND A SELECTED LIST OF CANADIAN AND BRITISH CASES ARE APPENDED. (IN ENGLISH AND FRENCH).
Index Term(s): Canada; Contempt of court; Criminal codes; Reform
Note: WORKING PAPER ZO
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=43559

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