T. (M.) v. A. (H.)

T. (M.) v. A. (H.)

The Court granted interim release under s.65.1 because the RJR‑MacDonald criteria were satisfied: the appeal raised a serious issue, irreparable harm was manifest, and the balance of convenience favoured release; the Supreme Court has authority under s.65.1 to order interim release in a civil contempt case, and release was conditioned to protect interests (surrender if leave or appeal dismissed and restriction of child access).

Citation
[1995] 1 SCR 445
Parties
Applicant: H.A.; Respondent: M.T.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1995
Procedural Posture
Application for Interim Release Under S.65.1 of the Supreme Court Act; Leave to Appeal From Contempt Order / Motion for Stay of Execution / Interim Release Pending Decision on Leave to Appeal and Appeal
Outcome
Motion granted: interim release ordered pending decision on leave to appeal and, if leave granted, pending appeal, subject to conditions.
Legal Topics
Interim Release, Stay of Execution, Civil Contempt, Imprisonment for Non‑payment of Support, Leave to Appeal, Balance of Convenience Test
Source Language
English
Family Law Contempt of Court Civil Procedure Criminal Law Appeal Interim Release Stay of Execution Civil Contempt +3 more

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Parties

H.A.

Applicant

M.T.

Respondent

Procedural Posture

Application for Interim Release Under S.65.1 of the Supreme Court Act; Leave to Appeal From Contempt Order / Motion for Stay of Execution / Interim Release Pending Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the Supreme Court can order interim release under s.65.1 of the Supreme Court Act in respect of a civil contempt sentence
  2. 2 Whether Criminal Code s.679 applies to interim release in this civil contempt context
  3. 3 Whether the RJR‑MacDonald test (serious issue, irreparable harm, balance of convenience) is satisfied

Ratio Decidendi

The Court granted interim release under s.65.1 because the RJR‑MacDonald criteria were satisfied: the appeal raised a serious issue, irreparable harm was manifest, and the balance of convenience favoured release; the Supreme Court has authority under s.65.1 to order interim release in a civil contempt case, and release was conditioned to protect interests (surrender if leave or appeal dismissed and restriction of child access).

Court Disposition

Motion granted: interim release ordered pending decision on leave to appeal and, if leave granted, pending appeal, subject to conditions.

Orders

  • Applicant released until decision on application for leave to appeal and, if leave is granted, until the appeal is disposed of.
  • If the application for leave to appeal or the appeal is dismissed, the applicant shall surrender to the warden of the prison in which he is presently confined.