Does Section 11 Of The Charter Apply To Civil Contempt Proceedings?

The Canadian Charter of Rights and Freedoms [Charter] provides protection against government action. Among the protections conferred by the Charter are those set out in section 11. Section 11 of the Charter sets out certain rights that apply to "[a]ny person charged with an offence". Among the rights outlined in s. 11 is the right "to be tried within a reasonable time" (s. 11(b)) and the right "not to be compelled to be a witness in proceedings against that person in respect of the offence" (s. 11(c)).

Civil contempt proceedings are "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 [Lymer]). Civil contempt proceedings are an important facet of the administration of justice and are essential to the ability of courts to maintain the rule of law.