On January 5, 2025, a 52-year-old man named JONATHAN GERRARD BERGSMA (born on July 26, 1972) was sent to the Thunder Bay Jail. Since the 18th of November, when Jonathan BERGSMA was declared to be in contempt of court for failing to appear in Family Court, he had been wanted on a warrant issued by the Superior Court.
For years, he had not been making payments towards child support. A request for protective custody had been submitted by Jonathan BERGSMA to the Thunder Bay Jail; however, it is currently unknown whether or not his request will be approved.
THE LOCAL MEDIA IS CHOOSING NOT TO REPORT MORE ON JONATHAN BERGSMA.
JONATHAN GERRARD BERGSMA, a former officer with the Ontario Provincial Police, has been disgraced.
22nd of September, 2021
AN OFFICER FROM THE OFFICE OF THE DISGRACED OFFICER ADMITS TO DANGEROUS DRIVING
This public event was not reported by the local media.
A criminal charge of reckless driving was brought against JONATHAN GERRARD BERGSMA, who is 49 years old and was born on July 26, 1972. He made a phone appearance before His Honour, Justice Frank Valente, today, Wednesday, September 22, 2021, to enter a guilty plea.
FACES THAT HAVE BEEN ACKNOWLEDGED
At ten minutes past ten o’clock on October 28, 2019, JONATHAN BERGSMA was operating a red Jeep from the year 2019 on Riverdale Road.
A white Ford F-150 with a trailer attached was parked on the side of the road. The trailer was attached to the truck. While the man, his wife, and their dog were outside in their yard, they started piling brush onto the trailer.
The man was strolling in front of his vehicle when the red Jeep driven by Jonathan BERGSMA collided with the trailer, which caused both the truck and the trailer to go ahead. It was only a very little contact between the truck and the man, and he had narrowly avoided major injuries.
Both the hitch and the rear of the trailer have sustained significant damage.
It was the red Jeep that had its airbags activated. The individual provided the driver, BERGSMA, with water and comfort while attending to his needs.
The man observed that the driver appeared to be bewildered and befuddled.
The paramedics arrived at the scene. In addition, they saw that BERGSMA’s pupils were extremely small and did not react to light.
For the investigation, diligent officers from the Thunder Bay Police Department arrived.
The Jonathan BERGSMA patient was transported to the Thunder Bay Hospital, where a blood sample was collected.
By the 31st of October, 2019, TBPS officers had successfully obtained a warrant for the blood sample.
At the time of the receipt of the toxicologist report on January 14, 2020, it was discovered that Jonathan BERGSMA had four times the level of clonazepam in his blood that is considered to be sufficient to cause impairment.
He was charged with driving under the influence of alcohol or drugs by officers from the Thunder Bay Police Department on January 31, 2020.
JOURNAL OF SUBMISSION
An application that was submitted jointly by the Regional Crown Attorney Leonard Kim and the Defence Attorney George Joseph is being considered by Justice Valente.
In the past, Jonathan BERGSMA served as a Serjeant in the Ontario Provincial Police. Since 2018, he has been placed on WSIB and has been demoted due to his PTSD.
It has been brought to the court’s attention that Jonathan BERGSMA is dealing with concerns related to Family Court.
They do not want him to return to the OPP. His retraining for alternative employment will be provided by WSIB.
The conditional discharge with a probationary period of one year is the subject of the joint submission.
The statutes of the province require that a driving prohibition be imposed for a period of one year.
We enquire as to whether or not Jonathan BERGSMA has anything to say.
In front of the judge, Jonathan BERGSMA expresses his regret for his acts.
Justice Valente grants the joint submission and imposes the following conditions on the probationary period: -I will not operate a motor vehicle -I will attend counselling sessions as required -I will not use alcohol or illegal drugs
A question is posed to His Honour Valente by Defence Attorney George Joseph regarding the necessity of a no alcohol condition.
The response from Justice Valente is “YES.”
Additionally, Jonathan BERGSMA is subject to a fine of one thousand dollars, in addition to a victim fine surcharge. He is allowed a year to make the payment.
In the event that Jonathan BERGSMA successfully completes his probationary period of twelve months, he will not have a criminal record.
In the U.S. family court system, failing to appear for scheduled hearings, such as those concerning child custody, support, or visitation, can lead to contempt of court charges. This not only disrupts legal proceedings but also places additional strain on families and the judicial system.
Prevalence and Impact
While specific national statistics on contempt charges for failure to appear in family court are limited, broader data indicate that missed court appearances are a significant issue. For instance, a study in Omaha, Nebraska, revealed that over 40% of outstanding warrants were due to failures to appear, disproportionately affecting Black residents who comprised 33% of those sought, despite representing only 13% of the city’s population.
In family courts, contempt charges for nonappearance can result in penalties such as fines, wage garnishment, supervised visitation, or even jail time. These measures aim to enforce compliance but can also exacerbate tensions between parties.
Legal Framework and Enforcement
Contempt of court in family law is categorized as either civil or criminal.
- Civil Contempt: Occurs when an individual willfully disobeys a court order, such as failing to appear for a scheduled hearing. The goal is to compel compliance, and sanctions can be lifted if the individual complies with the court’s order.
- Criminal Contempt: Involves actions that disrespect or obstruct the court’s authority, such as repeated failures to appear. This can lead to punitive measures, including imprisonment.
To establish contempt, courts typically require proof that the individual was aware of the court order, could comply, and willfully chose not to.
Measures to Reduce Nonappearance
Recognizing the challenges associated with missed court appearances, several strategies have been implemented to mitigate this issue:
- Automated Reminders: Jurisdictions have adopted text message reminders to notify individuals of upcoming court dates. A study in Santa Clara County demonstrated that such reminders reduced warrants for missed court dates by approximately 20%.
- Simplified Court Communications: Efforts to redesign court summons forms and provide clear instructions have been shown to decrease failure-to-appear rates. In New York, these interventions led to a reduction in missed court appearances by up to 21%.
- Support Services: Organizations like The Bail Project offer assistance with transportation and childcare, addressing logistical barriers that often prevent individuals from attending court. Their initiatives have achieved a 92% court appearance rate among supported individuals.
What do you think of the Jonathan Bergsma Case?
Failure to appear in family court proceedings can lead to serious consequences, including contempt charges. While enforcement mechanisms are necessary to uphold court orders, it’s equally important to address the underlying reasons for nonappearance. By implementing supportive measures such as automated reminders, clear communication, and logistical assistance, the judicial system can enhance compliance and reduce the incidence of contempt in family courts.
