Nice job your Honour...

General Law Enforcement discussion which does not fit into other channels. Post your thoughts and feelings about anything you want (LE related), or just vent those fumes about whatever is on your chest.
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basketcase
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Re: Nice job your Honour...

Postby basketcase » Fri Feb 08, 2013 8:44 pm

gotchya wrote:You misunderstand Contempt of Court, it is an "offence" which largely occurs outside the courtroom, namely by refusing to comply with lawful orders.


Contempt of court in Canada isn't an offence. It's an order and it's only to be used for disruption and disrespect during court proceedings. People on Blue Line Forums can say whatever they please about the courts and not be held in contempt as long as they're not affecting proceedings. It also varies from Province to Province.

Here's the penalties for Ontario:
CONTEMPT ORDERS

(5) If the court finds a person in contempt of the court, it may order that the person,

(a) be imprisoned for any period and on any conditions that are just;

(b) pay a fine in any amount that is appropriate;

(c) pay an amount to a party as a penalty;

(d) do anything else that the court decides is appropriate;

(e) not do what the court forbids;

(f) pay costs in an amount decided by the court; and

(g) obey any other order. O. Reg. 114/99, r. 31 (5).

If you want to argue something, might I suggest that you brush up your knowledge of it first.
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Re: Nice job your Honour...

Postby SPC » Fri Feb 08, 2013 11:42 pm

gotchya wrote:You misunderstand Contempt of Court, it is an "offence" which largely occurs outside the courtroom, namely by refusing to comply with lawful orders.


Like other posters said, Contempt of Court is not an "offence". You may be thinking of S.127 CCC, Disobeying Court Order.
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Re: Nice job your Honour...

Postby gotchya » Sat Feb 09, 2013 2:36 am

VanSmack wrote:Not here; failing to comply with various orders have their own sections in the CC, i.e. fail to attend court, fail to comply with an undertaking or recognizance, or failing to comply with probation, which is another court order. Contempt of court largely revolves around stuff happening within the courtroom, and is a judge's tool to maintain order and decorum within his courtroom. If all he did was brush the behaviour off you'd have every orange-clad monkey doing the same thing. If he kicked people out of the courtroom for doing it then the people doing it would ultimately win, since they don't want to be in there in the first place.


Newfoundland (Attorney General) v. N.A.P.E., 1988 CanLII 59 (SCC), [1988] 2 SCR 204, <http://canlii.ca/t/1ftbn>
Counsel for the appellant states that the case law dealing with the criminal contempt power of the court describes it as an inherent power of a superior court to maintain its authority and prevent its process from being obstructed and abused. That is a correct statement of the case law, as the authorities which counsel cites, make clear. Counsel then adds: "The Courts are not by this power to have a perfect existance [sic] free from the viscisitudes [sic] of everyday life". This statement pays scant heed to the point made repeatedly in the case law, that the power to punish for criminal contempt is not intended to insulate the courts from life's vicissitudes; it is not intended to place the courts in Elyseum, a blessed abode free from the slings and arrows which afflict all others; it is not intended to vindicate the dignity of the courts or the judges. The point is that courts of record have from time immemorial had the power to punish for contempt those whose conduct is such as to interfere with or obstruct the due course of justice; the courts have this power in order that they may effectively defend and protect the rights and freedoms of all citizens in the only forums in which those rights and freedoms can be adjudicated, the courts of civil and criminal law. Any action taken to prevent, impede or obstruct access to the courts runs counter to the rule of law and constitutes a criminal contempt. The rule of law, enshrined in our Constitution, can only be maintained if persons have unimpeded, uninhibited access to the courts of this country.


And my concern was with the adios and raising the bail. Someone swearing at a judge could be cited for contempt.

Contempt of Court is the only common law "offence" in Canada, see s.9 of the Criminal Code.
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gotchya
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Re: Nice job your Honour...

Postby gotchya » Sat Feb 09, 2013 2:40 am

basketcase wrote:Contempt of court in Canada isn't an offence. It's an order and it's only to be used for disruption and disrespect during court proceedings. People on Blue Line Forums can say whatever they please about the courts and not be held in contempt as long as they're not affecting proceedings. It also varies from Province to Province.


Take a look at s.9 of the Criminal Code, it is the only common law "offence" in Canada. May I also suggest that you referenced the "FAMILY LAW RULES" which don't apply in Criminal Proceedings.

There are two types of contempts, in the face of the court and not in the face of the court, I'm not going to write about them here, but for those interested you can read R. v. Cohn, 1984 CanLII 43 (ON CA), <http://canlii.ca/t/1npmj>.

With that being said, my issue was with the raising bail for saying adios. Swearing at a judge could be contempt.
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Re: Nice job your Honour...

Postby 48highlander » Sat Feb 09, 2013 6:17 am

gotchya wrote:
basketcase wrote:Contempt of court in Canada isn't an offence. It's an order and it's only to be used for disruption and disrespect during court proceedings. People on Blue Line Forums can say whatever they please about the courts and not be held in contempt as long as they're not affecting proceedings. It also varies from Province to Province.


Take a look at s.9 of the Criminal Code, it is the only common law "offence" in Canada. May I also suggest that you referenced the "FAMILY LAW RULES" which don't apply in Criminal Proceedings.

There are two types of contempts, in the face of the court and not in the face of the court, I'm not going to write about them here, but for those interested you can read R. v. Cohn, 1984 CanLII 43 (ON CA), <http://canlii.ca/t/1npmj>.

With that being said, my issue was with the raising bail for saying adios. Swearing at a judge could be contempt.


And none of that matters in this video because it happened in FLORIDA

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Re: Nice job your Honour...

Postby To a T » Sat Feb 09, 2013 9:09 am

:roll:
Last edited by To a T on Sun Dec 17, 2017 6:08 pm, edited 1 time in total.

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Re: Nice job your Honour...

Postby Toonces » Sat Feb 09, 2013 10:45 am

Duh!! The Internet is for arguing with strangers and looking at pictures of cats.
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Re: Nice job your Honour...

Postby basketcase » Sat Feb 09, 2013 10:46 am

Toonces wrote:Duh!! The Internet is for arguing with strangers and looking at pictures of cats.


By cats you mean......uh never mind. :drinking:
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Re: Nice job your Honour...

Postby Shawshank » Sat Feb 09, 2013 12:32 pm

K division.


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