Being served with a contempt application can be alarming, particularly given that a finding of civil contempt can carry the threat of imprisonment. With a better understanding of how these proceedings unfold (and what the court will require at each stage), you and your counsel can better prepare an effective response.

What Civil Contempt Actually Involves

Civil contempt arises when a party is alleged to have breached a court order, such as one regarding child support. Unlike criminal contempt, which involves an element of public defiance, civil contempt is “focused on the coercion of private litigants to comply with court orders and the protection of private interests” (Lymer v Jonsson, 2025 ABCA 423 at para 11). 

That said, courts have recognized that civil contempt still carries a public dimension, since disregarding a court order shows disrespect for the authority of the courts themselves.

Civil contempt proceedings generally unfold in two distinct phases: a liability phase and, if contempt is established, a penalty phase.

The Liability Phase

At the liability stage, the party bringing the application must establish three elements beyond a reasonable doubt (Carey v Laiken, 2015 SCC 17 at para 32):

  1. The order alleged to have been breached must state clearly and unequivocally what should and should not be done. An ambiguous or imprecise order will not support a finding of contempt.
  2. The party alleged to have breached the order must have had actual knowledge of it. Simply being unaware of an order, through no fault of your own, can be a defence.
  3. The party must have intentionally done the act the order prohibits, or intentionally failed to do the act the order compels. Contempt requires an intentional act or omission, not mere carelessness or oversight.

Because the standard is proof beyond a reasonable doubt, and because the consequences can be substantial, courts take a rigorous approach to each of these elements. 

A well-prepared defence at this stage often focuses on challenging the clarity of the underlying order, disputing knowledge of its terms, or showing that any breach was inadvertent rather than intentional.

The Penalty Phase

If liability is established, the matter proceeds to the penalty phase, but not necessarily right away. Courts will typically give the party found in contempt an opportunity to purge the contempt before imposing sanctions. Purging contempt generally means complying with the order that was breached, and doing so can lead the court to waive or suspend a sanction, or to vary or remit a sanction already imposed.

If contempt isn’t purged, or if the court determines a sanction is nonetheless warranted, penalties can range from a fine to costs awards to, in more serious cases, imprisonment. The court will consider the nature of the breach, whether it was purged, and the broader circumstances in deciding what sanction is appropriate.

Why Early Legal Advice in Saskatchewan Matters

The stakes in a contempt application are consequential, and the standard of proof required works in favour of a well-prepared response. Whether you’re defending against an application, or considering bringing one to enforce a court order, understanding the elements required at each stage is integral to protecting your position.

Contact Linh Pham, a top Regina criminal lawyer, today to discuss your options and your next best move.