INTRODUCTION AND BRIEF DESCRIPTION
This section authorizes a court to impose fines or imprisonment for contempt of court, and to order payment of costs related to the process and detention.
SECTION WORDING
708(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
EXPLANATION
Section 708(2) of the Criminal Code of Canada deals with the issue of contempt of court. Contempt of court refers to any behaviour or action that interferes with the administration of justice or undermines the authority of a court or judge. This could include disrupting court proceedings, disobeying a court order or failing to obey a subpoena. The section allows for summary conviction of individuals who are found guilty of contempt of court. A court, judge or justice may impose a fine of up to $100 or an imprisonment term of up to 90 days, or both, on such persons. Additionally, the person may be ordered to pay the costs associated with any legal processes and detention associated with their contemptuous behaviour. The purpose of this section is to ensure that the authority of courts and judges is respected and that the administration of justice is not impeded. It is important to maintain the integrity of the legal system and ensure that court orders and processes are taken seriously. The section serves as a deterrent to individuals who may be tempted to defy court orders or engage in disruptive behaviour during legal proceedings. Overall, section 708(2) of the Criminal Code of Canada helps to uphold the rule of law and ensure that the court remains an authoritative and respected body in Canada's legal system.
COMMENTARY
Section 708(2) of the Criminal Code of Canada deals with the issue of contempt of court and provides for the penalties that may be imposed on those found guilty of this offence. It empowers courts, judges, and other judicial officers to deal summarily with such offenders and impose fines, imprisonment or both as deemed appropriate. Contempt of court is a serious offence that undermines the proper functioning of the justice system. It occurs when an individual intentionally disobeys a court order or interferes with the administration of justice. This can include disrupting court proceedings, refusing to comply with a court order, or harassing or threatening someone involved in a court case. One significant aspect of Section 708(2) is that it allows for a summary process. This means that a person accused of contempt of court can be dealt with by a judicial officer without the need for a full trial. This is advantageous because it enables swift punishment for those who have disrupted court proceedings or shown disrespect towards the judiciary. Summary proceedings also save the court time and resources that can be otherwise allocated to the hearing of other cases. The section provides for fines not exceeding $100 and imprisonment for a term not exceeding 90 days, or both. This allows for a flexible approach to punishment, with the judicial officer deciding on the appropriate penalty, taking into account the severity and nature of the offence and the offender's circumstances. It also means that the punishment for contempt of court is proportional to the harm caused and therefore serves as a deterrent to future offenders. The section also allows for the imposition of costs that are incident to the service of any process under this Part and to the offender's detention. This ensures that the offender bears the cost of their actions and serves as an additional deterrent to future breaches of court orders. However, some critics argue that the penalties outlined in section 708(2) are not sufficient to deter serious offenders or protect the integrity of the justice system. They argue that more severe penalties should be imposed for those who disrupt court proceedings or show blatant disregard for the law. Some have called for penalties such as community service orders or electronic monitoring to be added to the list of available punishments. In conclusion, section 708(2) of the Criminal Code of Canada is an important provision that deals with contempt of court. It provides judicial officers with the power to deal swiftly with offenders who breach court orders or obstruct the administration of justice. While some argue that the penalties are too lenient, the section strikes the right balance between punishment and proportionality. It enables the proper functioning of the justice system and ensures that those who show disregard for the law are held accountable for their actions.
STRATEGY
Section 708(2) of the Criminal Code of Canada allows for the summarization of contempt of court charges. A person found guilty of contempt of court under this section is liable to a fine of up to $100 or up to 90 days in prison, or both. Additionally, they may be ordered to pay the costs associated with service of process and their detention. When dealing with this section of the Criminal Code of Canada, several strategic considerations come into play. Firstly, it is important to understand the role of contempt of court offenses. They are charges that punish individuals who have shown disrespect or disobedience towards a court order or authority. Contempt of court offenses can occur in various settings, such as civil and criminal proceedings, and may take different forms. Examples include disobeying a court order or judgment, wilfully interrupting a court proceeding, publishing prejudicial information that could undermine a fair trial, and failing to attend court when summoned. When faced with a contempt of court charge under section 708(2), one viable strategy is to seek legal counsel immediately. This is important because a charge of contempt of court is a serious status offense that may threaten an individual's liberty. A lawyer may be able to advise the individual on the charges, available defenses and penalties attached to the offense. Another strategic consideration is to seek the court's indulgence to modify or suspend a particular order that has been violated, where possible. This will demonstrate that the individual is taking the matter seriously and identify an opportunity for restitution. Furthermore, the individual charged with contempt of court under section 708(2) may consider taking corrective action and cooperating with the court to rectify the breach. This could be demonstrated by voluntarily surrendering to the authorities and accepting the consequences of their actions. This may incentivize the court to show leniency in sentencing. Additionally, the individual may need to consider whether there are any mitigating factors that could influence the court to reduce the severity of their sentence. Mitigating factors could include the individual's past criminal record and reputation, age, the nature of the offense and the circumstances surrounding the contemptuous behaviour. In conclusion, section 708(2) of the Criminal Code of Canada provides for summarization of contempt of court charges. Dealing with contempt of court charges under this section of the code can be a daunting process and requires deliberation and strategy. Individuals who are facing charges under this section may seek legal assistance, demonstrate cooperation with the court, take corrective action and consider presenting mitigating factors to the court to avoid harsher sentences.