The Court of Appeal for Ontario allowed the appeal of Colin Patrick Murphy, finding that the motion judge erred by compelling Murphy to testify during his own civil contempt proceedings, in violation of section 11(c) of the Charter.
The compelled testimony was improperly used to support a finding of contempt and to justify a sentence of incarceration.
The Court held that section 11(c) applies to civil contempt proceedings, including sentencing, and prohibits testimonial compulsion once contempt is alleged.
The finding of contempt for failing to produce deleted data and the sentence were set aside, and the matter was remitted for a new sentencing hearing on the admitted acts of contempt.
