In both civil and criminal proceedings, court attendance is not always voluntary, especially when someone is ordered to do something they do not want to do. But can a person be forced to attend court or another court proceeding? And what legal framework governs the use of force in these situations?
Criminal Context
Most people associate being forced to attend court or a court proceeding in the criminal context. Tanya Walker recently spoke with CTV News regarding the implications of using physical force to compel attendance in this context, which was recently discussed in R v Gauthier, 2025 ONCJ 180. You can watch the CTV News interview here.
In the interview, Ms. Walker spoke about the intersection between section 527 of the Criminal Code, which gives judges the power to procure the attendance of an incarcerated person before the court, section 25 of the Criminal Code, which states that anyone who is required to enforce the law may do so on reasonable grounds, and the Charter of Rights and Freedoms. The court ultimately determined in Gauthier that reasonable force may be necessary in order to compel a witness to court.
Forced Attendance at Court in a Civil Context
Forced attendance also exists in the civil context. Walker Law received an order for Sige Onca to be held in contempt of court and subsequently imprisoned. The starting point in Lonneberg v Onca, 2021 ONSC 6196 was that Mr. Onca was held in contempt of court for knowingly violating several court orders. He was ordered to surrender his passports, failing which the Court will issue a warrant for his arrest.
Walker Law has also received contempt orders for the defendant’s failure to appear at an examination in aid of execution. An examination in aid of execution is essentially a cross-examination of a defendant who is now a debtor on where assets are available to seize and garnish so that judgment may be paid. One example of such a decision received by Walker Law is here.
Mr. Onca failed to surrender the passports, was subsequently sentenced to a two-week custodial sentence effective immediately, and ordered to return to court by videoconference from jail. That decision is here. Mr. Onca then failed to turn himself in to begin serving his sentence. As such, the Court signed a warrant for his arrest. That decision is here.
If Mr. Onca had served his custodial sentence, then he would have also received an order to return to court. So what problems may arise when one is physically ordered to return to court in such circumstances?
Challenges When there is Forced Attendance
The use of force to compel court attendance raises questions under the Charter of Rights of Freedoms if the force used was more than necessary, in particular, section 7 (which protects life, liberty, and security of the person). However, courts have the power to enforce the statutory right to compel compliance and have found in both the criminal context and the civil context that reasonable force pursuant to a court order does not violate these rights.
With that in mind, there are modern challenges that have changed the landscape on some of these issues to create both new problems but also to provide practical solutions.
There is a risk of escalation or conflict when force is used. One who is compelled to attend court through the use of physical force may be disruptive in a court proceeding. Also, you cannot force one to engage in a court proceeding, so if he or she refuses to speak, there is little that the Court can do.
In terms of possible solutions, like Onca, which took place during the peak of COVID, which may have led to the Court order that Mr. Onca participate in a court proceeding virtually, virtual hearings can and should be used where appropriate. This form of technology, if available, could save resources to have an individual appear via videoconference from jail rather than transporting them to the courthouse.
Conclusion
Attendance at court proceedings by necessary parties is a vital part of our court system. If necessary, if parties were not compelled to attend, it would undermine the rule of law and our court systems as a whole. While physical compulsion to attend court should be a last resort, it is available and an important legal tool when the integrity of our justice system is at stake.
If you have a case where there is a non-compliant litigant in a civil litigation matter, and you require assistance with bringing a contempt order proceeding, please reach out to one of our civil litigation lawyers and we would be happy to assist you.