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The Law of Contempt in Canada
Recently cited by the Quebec Court of Appeal in Ville de Montréal c. Gestion Tasa inc., 2026 QCCA 954.
This book offers a comprehensive exploration of contempt law, a legal doctrine essential to maintaining the authority and integrity of the judicial system. Despite its ancient origins, contempt remains a complex and often misunderstood area of law, with evolving applications across criminal, civil, and family practice.
Langue de publication: English
Publié: 25 février 2026
Éditeur: LexisNexis Canada
Recently cited by the Quebec Court of Appeal in Ville de Montréal c. Gestion Tasa inc., 2026 QCCA 954.
The Law of Contempt in Canada by Katrina Sole Kahler, Justice Michael Varpio and Justice William LeMay offers a comprehensive exploration of contempt law, a legal doctrine essential to maintaining the authority and integrity of the judicial system. Despite its ancient origins, contempt remains a complex and often misunderstood area of law, with evolving applications across criminal, civil, and family practice.
Structured in three parts, the book first traces the historical evolution of contempt and defines its core principles, distinguishing between civil and criminal contempt. It then delves into specific types of contempt and examines who may be held liable. The second part addresses procedural aspects, including jurisdiction, initiation of proceedings, and the roles of judges, parties, and the Crown. The final section focuses on sentencing, analyzing outcomes and principles unique to each legal domain, with particular attention to family law’s distinct considerations.
The Law of Contempt in Canada ultimately aims to bring clarity and coherence to contempt law by applying established legal interpretation and fairness principles. The authors acknowledge the challenges posed by its ambiguous boundaries and strive to provide practical guidance for legal professionals navigating this “platypus of the law.” It is an essential resource for understanding the nuanced and evolving role of contempt in Canada’s legal landscape.
Who Should Read This Book
- Criminal lawyers, civil litigation lawyers and family lawyers who are looking for an analytical and practical resource to assist with trials
- Judges who are looking for a reference tool that focuses on legal and practical issues involved in contempt proceedings
- Law libraries who are looking for a research tool on the law of contempt in Canada for patrons
Introduction
PART I: LEGAL PRINCIPLES OF CONTEMPT
Chapter 1: History of Contempt
Chapter 2: Defining Contempt
Chapter 3: Criminal Contempt: Breaches of Court Orders
Chapter 4: In Facie Breaches
Chapter 5: Ex Facie Contempt
Chapter 6: Unions, Corporations and Associations
Chapter 7: Contempt in Family Law
PART II: PROCEDURAL AND EVIDENTIARY CONSIDERATIONS
Chapter 8: Overview: Contempt Procedure
Chapter 9: Instituting Criminal Contempt Proceedings
Chapter 10: Instituting Contempt Proceedings in Civil and Family Cases
Chapter 11: The Instanter Procedure
Chapter 12: Procedure in Civil Contempt
Chapter 13: Criminal Contempt Procedure
PART III: SENTENCING AND REMEDIES
Chapter 14: General Principles of Sentencing in Contempt Law
Chapter 15: Sentencing for Criminal Contempt
Chapter 16: Sentencing for Civil Contempt
Chapter 17: Sentencing in Family Law
Conclusion
Appendix A: Sentences for Contempt Available Under Rules of Court
Appendix B: Sentences for Contempt of Family Law Rules
Table of Cases
Index
