H.A. v. M.D.T., (1995) 178 N.R. 147 (SCC)

• Judge: Sopinka, J.
• Court: Supreme Court (Canada)
• Case Date: February 06, 1995
• Jurisdiction: Canada (Federal)
• Citations: (1995), 178 N.R. 147 (SCC);[1995] 1 SCR 445;1995 CanLII 119 (SCC)

H.A. v. M.D.T. (1995), 178 N.R. 147 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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H.A. (appellant) v. M.D.T. (respondent)

(24354)

Indexed As: H.A. v. M.D.T.

Supreme Court of Canada

Sopinka, J.

February 6, 1995.

Summary:

The Quebec Superior Court found H.A. guilty of contempt of court and sentenced him to four months in jail for failing to pay maintenance to his ex-wife. H.A. appealed and was released on his own recognizance.

The Quebec Court of Appeal dismissed the appeal. H.A. applied for leave to appeal to the Supreme Court of Canada and filed a motion under s. 65.1 of the Supreme Court of Canada Act for an order of interim release.

The Supreme Court of Canada allowed the motion for interim release.

Contempt - Topic 505

What constitutes contempt - General principles - Civil contempt - Section 65.1 of the Supreme Court of Canada Act said: "The court or a judge may, on the request of a party who has filed a notice of appli­cation for leave to appeal, order that pro­ceedings be stayed with respect to the judgment from which leave to appeal is being sought ..." - The Supreme Court of Canada invoked this provision to order the interim release of an appellant who had been found guilty of contempt of court in the Quebec courts and sentenced to four months in jail for failing to pay main­tenance to his ex-wife - The Supreme Court qualified the present proceedings as a civil contempt.

Outrage - Cote 505

Eléments constitutifs - Principes généraux - Outrage civil - [Voir Contempt - Topic 505 ].

Contempt - Topic 6035

Appeals - Right of appeal - Stay of exe­cution pending appeal - Section 65.1 of the Supreme Court of Canada Act said: "The court or a judge may, on the request of a party who has filed a notice of appli­cation for leave to appeal, order that pro­ceedings be stayed with respect to the judgment from which leave to appeal is being sought ..." - The Supreme Court of Canada invoked this provision to order the interim release of an appellant who had been found guilty of contempt of court in the Quebec courts and sentenced to four months in jail for failing to pay main­tenance to his ex-wife - The Supreme Court qualified the present proceedings as a civil contempt.

Outrage - Cote 6035

Appels - Droit d'appel - Sursis d'exécu­tion en attendant l'appel - [Voir Contempt - Topic 6035 ].

Courts - Topic 3043

Supreme Court of Canada - Jurisdiction, general - Stay of execution - Section 65.1 of the Supreme Court of Canada Act said: "The court or a judge may, on the request of a party who has filed a notice of appli­cation for leave to appeal, order that pro­ceedings be stayed with respect to the judgment from which leave to appeal is being sought ..." - The Supreme Court of Canada invoked this provision to order the interim release of an appellant who had been found guilty of contempt of court in the Quebec courts and sentenced to four months in jail for failing to pay main­tenance to his ex-wife - The Supreme Court qualified the present proceedings as a civil contempt.

Tribunaux - Cote 3043

Cour suprême du Canada - Compétence, généralités - Sursis d'exécution - [Voir Courts - Topic 3043 ].

Courts - Topic 3142

Supreme Court of Canada - Jurisdiction, appeals from provincial courts, civil cases - Contempt of court - Section 65.1 of the Supreme Court of Canada Act said: "The court or a judge may, on the request of a party who has filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought ..." - The Supreme Court of Canada invoked this provision to order the interim release of an appellant who had been found guilty of contempt of court in the Quebec courts and sentenced to four months in jail for failing to pay main­tenance to his ex-wife - The Supreme Court qualified the present proceedings as a civil contempt.

Tribunaux - Cote 3142

Cour suprême du Canada - Compétence, appels de jugements de tribunaux provinciaux, affaires civiles - Outrage au tribunal - [Voir Courts - Topic 3142 ].

Cases Noticed:

RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général), [1994] 1 S.C.R. 311; 164 N.R. 1; 60 Q.A.C. 241, refd to. [para. 4].

United Nurses of Alberta v. Alberta (At­torney General), [1992] 1 S.C.R. 901; 135 N.R. 321; 125 A.R. 241; 14 W.A.C. 241; 1 C.C.C.(3d) 225, refd to. [para. 4].

Statutes Noticed:

Criminal Code/Code criminel, R.S.C. 1985, c. C-46, sect. 679 [para. 4].

Supreme Court Act/Cour suprême, Loi sur la, R.S.C. 1985, c. S-26, sect. 65 [para. 5]; sect. 65.1 [para. 1].

Counsel:

Julius Grey, for H.A.;

M.D.T. appeared in person.

This motion was heard by Sopinka, J., of the Supreme Court of Canada.

Sopinka, J., delivered the following deci­sion in both official languages on February 6, 1995.