Textbook Notes (368,775)
Canada (162,159)
JOUR 3333 (1)
Chapter

Contempt of Court (Text)

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Department
Journalism
Course
JOUR 3333
Professor
Shelly Borden
Semester
Winter

Description
Chapter 8 Notes: Contempt of Court • Only common law [p.9-10 judge-made law, embodying legal precedents that the courts have developed over hundreds of ears, as opposed to written statutes] still in force in Canada is the power to cite for contempt; Section 9 of the Criminal Code • Ex. Violating a publication ban • Ex. Of contempt – suggestion someone is guilty before a court passes judgment Contempt – any act done or writing published calculated to bring a court or judge of the Court into contempt, or lower his authority/calculated to obstruct or interfere with the due course of justice or the lawful process of the courts Publication Contempt – Indirect/external acts of contempt through the publication of information that is not part of a court proceeding or attacks the character of a participant in a legal action Two Kinds: 1. Sub judice rule – Duty to ensure that published accounts of cases do not misrepresent the proceedings or prejudice the parties involved until the case has been adjudicated (decided) • To be contemptuous, BC’s Court of Appeal has stressed, a publication must “present a real risk, as opposed to a mere possibility of interference with the due administration of justice 2. Scandalizing the courts – Courts have considered it a contempt to publish comments that may undermine the reputation of an individual judge or court that could erode public confidence in the fairness of the entire justice system. • Not designed to protect judges from scrutiny, rather to “prevent interference with the due course of justice and to prevent suitors from having their confidence shaken or destroyed.” The writer’s risk of committing an act of contempt arises only when a live case is under the jurisdiction of a court. In criminal
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