What is the legal test for contempt of court?

The authorities indicate that there are two ways in which contempt proceedings may be commenced. The first is by originating notice of motion as was the case here and the second by indictment or in this province by a formal charge in lieu of indictment. The Tilco Plastics case, supra, warns that the summary process should “be used scrupulously and only in serious circumstances”. The case of Hébert v. A.G. Que., supra, also emphasizes that the power to punish summarily for contempt “must only be exercised with very great caution, and only in those cases where it is necessary to act quickly in order to permit the Courts to continue to fulfil their function” (per Tremblay C.J.Q. at p. 135) and that “it should be reserved for emergency situations where prompt and drastic action is required to prevent the obstruction of the orderly and effective administration of justice” (per Owen J. at p. 156). In all other cases the person should be charged under the sections of the Criminal Code.