Does s. 11(c) of the Charter apply to a contemnor in a civil contempt proceeding?
British Columbia, Canada
The following excerpt is from Potratz v. Potratz, 2015 BCSC 1608 (CanLII):
In terms of s. 11(c), there is clear authority stating that the rights protected under this section apply to an alleged contemnor in civil contempt proceedings. In Denman Island Trust v. 4064 Investment, 2000 BCSC 1645 [Denman Island], at para. 48, the court clearly concludes in relation to civil contempt proceedings that “[g]iven the possible penal sanctions, the Defendant has the right to invoke the protection provided to it under s. 11(c) of the Charter.”
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