What is the difference between criminal contempt and civil contempt proceedings?

Saskatchewan, Canada


The following excerpt is from Potash Corporation of Saskatchewan Mining Ltd. v. Todd et al., 1986 CanLII 3346 (SK QB):

One must not lose sight of the fact that the purpose of the civil proceedings is to enforce obedience to a court order issued in a civil action whereas the object of the criminal contempt proceeding is not the enforcement of the order but rather, punishment of contumacious behavior. Vide: Ellis v. R. (1893), 1893 CanLII 60 (SCC), 22 S.CR. 7, at p. 11. Only in an extraordinary or exceptional case will the court stay the action in the exercise of the discretion that it has arising out of its power to control its own proceeding.

Other Questions


Is contempt of an order registered under s. 13 of the Criminal Code of Canada a criminal or civil matter? (Saskatchewan, Canada)
When is a variation proceeding not a corollary relief proceeding? (Saskatchewan, Canada)
What is the relevant section of the Criminal Procedure and Civil Procedure Act? (Saskatchewan, Canada)
What is the difference between a criminal offence and a prohibition for the protection of the public? (Saskatchewan, Canada)
Does Section 30 of the Rules of Civil Procedure, s.30(1) of the Criminal Code, allow a delay of more than two weeks to complete a hearing? (Saskatchewan, Canada)
What is the standard of proof in civil and criminal cases? (Saskatchewan, Canada)
Is it a violation of Canadian law that a plaintiff has to travel to a different province to bring a claim at a different court? (Saskatchewan, Canada)
Does the Queen have a discretionary power to stay proceedings in a criminal case for abuse of process? (Saskatchewan, Canada)
What is the principle of common law use in determining whether a person can be found guilty of a criminal offence under the Criminal Code? (Saskatchewan, Canada)
What is the difference between a mortgage and a guarantee? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.