The appellants obtained a permanent injunction ordering the respondents to cease distributing decoders that descrambled pay television signals.
The appellants subsequently filed an application alleging the respondents committed contempt of court by failing to comply with the injunction.
At the hearing, the appellants called one of the respondents to testify, but he objected on the ground that he was not compellable in a proceeding where he was cited for contempt.
The Supreme Court of Canada held that a person cited for contempt under the Code of Civil Procedure cannot be compelled to testify, as contempt of court is quasi-penal in nature and compelling testimony would violate the fundamental principle against self-incrimination.
