Can the putative father be compelled to attend an inquisition under section 56 of the Maintenance and Recovery Act?

Those provisions of the Act provide for an inquisition by the judge and the putative father can be compelled to attend at that inquisition. It is not a case of a plaintiff and a defendant at all. It is a procedure to avoid delays and provide speedy and simple machinery for determining paternity, as was stated by McBride J.A. in Workun v. Nelson, supra. Part IV of the Maintenance and Recovery Act provides for enforcement of orders. Section 56(2)(a) provides that if a putative father against whom an order has been made does not pay, he may be summoned to appear before a judge to be examined as to his ability to pay. Section 57(1) provides that at the time and place mentioned in the summons, the judge shall inquire into the resources of the person named and, of course, if he does not attend, the judge may issue a warrant. All these provisions of the Act indicate the necessity of the presence of a judge. In s. 15(1) the putative father is to show cause before a judge “then present”.