Sentences with phrase «civil contempt by»

The Tsuu T'ina Nation was held in civil contempt by Justice Jo'Anne Strekaf of the Court of Queen's Bench for refusing to supply the residents with these services after being ordered to do so.

Civil contempt by an individual is punishable by prison and / or a fine.

Not exact matches

By contrast, his opponent incumbent Assemblywoman Michelle Schimel has shown nothing but contempt for our civil rights and demonstrated it repeatedly on the floor of the Assembly.

The ads, in part, accuse Astorino of civil rights violations, and say he's been «threatened by the Department of Justice with contempt,» for his refusal to stop discrimination.

Another civil contempt resolution, giving the green light for the House Oversight and Government Reform Committee to sue the Justice Department to get the Fast and Furious documents, passed by a 258 - 95 margin.

The ads say, in part, accuse Astorino of «civil rights violations», and say he's been «threatened by the Department of Justice with contempt», for his refusal to stop «discrimination.»

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

Can contempt of custody, visitation and child related restraint issues truly be remedied by civil rather than criminal sanctions?

Is the current law of civil contempt applicable to self - represented litigants or is there a different standard that applies when a litigant does not have the benefit of representation by a lawyer?

If presiding Justice Kenneth N. Affleck decides to forego civil contempt charges and, instead, holds criminal contempt proceedings, the Attorney General of BC could be asked by the court to step in as prosecutor.

«Criminal contempt for conduct ex facie the court is generally initiated by the Attorney General while civil contempt proceedings are initiated by a party or person affected by the order sought to be enforced.»

The B.C. Prosecution Service's civil disobedience policy manual says whether contempt is a civil or criminal matter is determined by «the character and nature of the conduct.»

The Court noted that refusal to comply by occupiers would likely result in civil remedies for contempt of court.

Rule 4.01 (6), for example, requires a lawyer to be courteous and civil in the course of litigation; the commentary on the rule says, «a consistent pattern of rude, provocative, or disruptive conduct by the lawyer, even though unpunished as contempt, might well merit discipline.»

(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law.

Seven car hire rate experts who had worked for the now defunct company «Autofocus» between 2004 — 2009 each faced specimen counts of civil contempt for the intentional interference with the administration of civil justice for their roles in the dishonest production of false evidence verified by statements of truth.

«It is the established rule of this Court that the proper method of reviewing a judgment for civil contempt of the kind here involved is by a petition for common law writ of certiorari...»

Even though Turner did not directly challenge the mechanism by which he was found in civil contempt, the United States Supreme Court, relying upon arguments raised in an Amicus Curiae brief filed by the United States Department of Justice, found that Turner's incarceration violated the Due Process Clause.

Mr. Mishra also points to a quote in the Mercedes Benz decision from a commentary published in 2001 by the Canadian Judicial Council titled «Some Guideline on the use of Contempt Powers» that supports a lenient approach when deciding a sentence for civil cContempt Powers» that supports a lenient approach when deciding a sentence for civil contemptcontempt.

a case involving civil contempt of court must be filed within 14 days, beginning with the date of the refusal of permission by the court below; and

A husband or wife might also wish to consider the possibility of whether a bankruptcy filing would protect that spouse from being held in civil, non-punitive, contempt of court by a Virginia state court judge for failing to abide by the terms of a family law court order.

The test for civil contempt was articulated by the Supreme Court in Carey v. Laiken: (i) the order alleged to have been breached must state clearly and unequivocally what should and should not be done; (ii) the party alleged to have breached the order must have had actual knowledge of it; and (iii) the party allegedly in breach must have intentionally done the act that the order prohibits or intentionally failed to do the act the order compels.

The nature of this assessment becomes extremely important when a judge determines, as a judge did two weeks ago in British Columbia, that a civil contempt has been committed by a family litigant which should be punished with imprisonment.

A proceeding for civil contempt is available to redress a private wrong by forcing compliance with an order for the benefit of the party in whose favor the order was made.

By Andrew Feldstein Katz v. Katz, 2014 ONCA 606: This case addresses the issues of civil contempt and the power of courts to order a payor to obtain a life insurance... Read more