PRACTICE
Contempt of Court
Appeal against sentence of nine months’ incarceration imposed by Federal Court (2006 FC 873) for breach of injunction—Appellant not given opportunity to make submissions as to sentence prior to imposition thereof—Appropriate procedure to be taken after finding of contempt set out in Canada (Canadian Human Rights Commission) v. Canadian Liberty Net (1992), 56 F.T.R. 157—Failure to follow such procedure deprived appellant of unqualified right to make submissions at appropriate time, deprived trial judge of means to properly consider relevant factors—Because appellant’s background, circumstances, fact first-time offender not addressed, F.C.A. hearing submissions, reviewing sentence—Sentence reduced to time served—Appeal allowed.
Canada (Human Rights Commission) v. Winnicki (A-334-06, 2007 FCA 52, Sexton J.A., judgment dated 17/1/07, 9 pp.)