Can Section 14 of the Criminal Code apply in civil proceedings?
British Columbia, Canada
The following excerpt is from Wyllie v. Wyllie, 1987 CanLII 2861 (BC SC):
Pre-Charter decisions suggest that in civil proceedings it is not appropriate that such an order be made: see Hartley v. Fuld, [1965] 1 W.L.R. 1336; Brochu v. Tanguay, 1982 CanLII 2344 (SK QB), [1982] 29 R.F.L. (2d) 462. Section 14 refers to a party in any proceeding. It is not possible to interpret those words so as to confine the application of the section to criminal proceedings; indeed, the words party and proceeding indicate an intention that it be applied in civil proceedings. However, no case was cited wherein it has been so applied.
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