Criminal Contempt of Court
Criminal contempt of court is any willful behaviour that insults or discredits the court or interferes with the administration of justice.
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Plain-Language Summary
Criminal Contempt of Court refers to any behaviour that disobeys or disrespects a court order, disrupts court proceedings or hinders a judge's ability to administer justice. It can also include insulting the court. If you are found guilty of criminal contempt, you may be fined, imprisoned or both. It is important to note that failure to attend court to give evidence may also be considered criminal contempt under section s.708 (1) of the Criminal CodeA federal act codifying most criminal offences in Canada. Understanding the consequences of criminal contempt of court can be challenging due to the broad nature of the offenceA criminal activity and the fact that it is not fully defined in the Criminal Code.
What is Criminal Contempt of Court?
Generally speaking, contempt of court is any willful behaviour that insults or discredits the court or interferes with the administration of justice . This would include such things as bribing a witness or attempting to influence a judge . If you refuse to be sworn in as a witness or fail to answer questions , you could be charged.
A court official failing to perform their duties or a sheriff failing to execute a writ of the court can face charges. Disruptions in the court, such as failing to remain silent or failing to maintain a respectful attitude, can lead to a conviction.
Contempt of court also includes refusing to obey a subpoena or an order of the court. If your words, acts, or writings discredit or obstruct the administration of justice, you can be charged.
Criminal contempt of court still exists in Canada even though it is not set out as a named Criminal Code offence. Section 9 of the Code abolishes most common-lawAlso known as case law, is a system of precedent-based rules not written down as legislation. offences, but it preserves the court's power to punish contempt of court. That is why courts can still deal with criminal contempt today.
What the Crown Must Prove
To win a conviction for contempt of court, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you willingly defied or disobeyed a court order.
Treated as a Summary Offence
Criminal contempt of court is generally a common-law offence, not a standard summary or indictable offenceA more serious type of Canadian criminal offence.. Separate Criminal Code s. 708 deals with a witness who fails, without lawful excuse, to attend or remain in attendance to give evidence. Under s. 708(2), the court may deal summarily with contempt under that section.
Penalties for Contempt of Court
Because trial judges have the discretion to impose sentences, it is difficult to say what penalty you will face if you are held in contempt. It could be a jail term, a fine or both.
A person who, without lawful excuse, fails to attend or remain in attendance when legally required to give evidence commits contempt of court under s. 708(1). Under s. 708(2), the court may deal with the contempt summarily and impose a fine of up to $100, imprisonment for up to 90 days, or both.
About this page
This page is not a single Criminal Code offence. It explains a legal concept or group of related sections. Specific charges, penalties, and defences depend on the section involved.
How contempt of court works
Criminal contempt of court is not set out as one ordinary Criminal Code offence with one penalty table. The Criminal Code preserves common-law contempt, and some specific contempt-like situations are addressed in particular sections.
Penalty for general criminal contempt
General criminal contempt is a common-law offence. The Criminal Code does not set one fixed maximum penalty for all criminal contempt cases. Penalty depends on the court, the procedure, and the circumstances.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Witness who fails to attend or remain in attendance to give evidence — s. 708 (the one codified contempt provision)
SummaryThe court may also order the witness to pay the costs caused by the failure to attend (s. 708(2)–(3)). No mandatory minimum applies.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
This page covers more than one section. Possible defences and legal issues are set out by section below.
Criminal Contempt of Court — s.9
General criminal contempt of court is not a specific Criminal Code offence with its own list of elements or defences. Section 9 of the Criminal Code preserves the courts' power, as it stood before April 1955, "to impose punishment for contempt of court" — it does not itself define what conduct counts as contempt or set out a list of defences. Because there is no single codified defence list, whether particular conduct amounts to contempt, and what issues can be raised about it (for example, a lawful excuse or a lack of intent to interfere with the court), depends on the specific facts, the court's process, and the common law that applies.
This is general legal information, not legal advice.
Criminal Contempt of Court — s.708
Section 708 covers a narrower, specific kind of contempt: a person required by law to attend or remain in attendance to give evidence who "fails, without lawful excuse, to attend or remain in attendance" is guilty of contempt of court. Because "without lawful excuse" is part of what makes the failure to attend contempt, if there is evidence capable of raising a lawful excuse, it must be shown beyond a reasonable doubt that the person failed to attend or remain in attendance without lawful excuse before a finding of contempt is made. What counts as a lawful excuse depends on the facts and the law.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Common-law Glossary entry →
Common law is a system of precedent-based rules not written down as legislation that guides judges in making later decisions in similar cases.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 9 Preservation of the courts’ power to punish for contemptSource current to: 2026-05-26View official source ↗
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Criminal Code s. 708 Contempt — witness failing to attend or remain in attendanceSource current to: 2026-05-26View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.