Superior Court of Québec

February 28th 2017

NOTICE TO MEMBERS OF THE BAR

SUPERIOR COURT

DIRECTIVE ON CONTEMPT OF COURT PROCEDURES

(Sections 57 to 62 and 63 C.C.P.)

This Directive introduces the use of a document entitled "Order to Appear".


It shall accompany, as Schedule 1, any pleading requiring that the person who is alleged to have committed a contempt(s) of Court be summoned to appear in response to such accusation(s).

It must state in detail the nature of the offense or offenses charged, the facts supporting those charges and specify whether the person concerned is liable to one or more sanctions if found guilty. It must be written in a form that may be signed as a judgment by the Court.


If the Order to Appear is issued by the Court on its own initiative, the Court note in the record or in a written order the same information that is contained in the document referred to in the first paragraph.

This Directive shall enter into force on March 6th 2017.

Jacques R. Fournier Robert Pidgeon

Chief Justice Senior Associate Chief Justice

SCHEDULE 1

C A N A D A SUPERIOR COURT

( ______Division)

PROVINCE OF QUÉBEC

DISTRICT OF ______

NO: ______

CONTEMPT OF COURT

ORDER TO APPEAR

1.  On DD / MM/ YEAR I, Justice X of the Superior Court of Québec,
issue an order requiring that (put the name of the natural or legal person(s) subject to the order) appear before the Court to respond to a charge(s) of contempt of Court.

2.  The alleged violation(s) is (are) the following:

(Enumerate in detail the alleged violation(s),

as well as the facts on which the person seeking the conviction

intends to rely)

3.  Therefore, I ORDER: (name the natural or legal person(s) to which the order relates) to appear at 9:00 am on the DD / MM / YEAR at X Courthouse, Room Y to register a plea against the charge of contempt of Court as defined in this Order. On that date, a case protocol will be established.

4.  The sanction(s) required in the event of a conviction shall be the following:

(List the possible sanction(s) according to section 62 C.C.P.

by referring to each of the alleged violations and the sanction sought in each case)

SIGNED AT ______, QUÉBEC, THIS ______, 20___

______

Justice of the Superior Court of Québec

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