An Ontario judge has ordered the superintendent of the Central East Correctional Centre to appear in court to explain why a prisoner was not delivered for a scheduled sentencing hearing, warning that what he described as a "systemic issue" with prisoner transportation can no longer be tolerated.

Justice Robert Horton of the Ontario Court of Justice ordered Central East Correctional Centre Superintendent Karen Stoffers to attend a contempt hearing on Aug. 7 after an accused man facing sex-related charges involving minors was not brought to the Belleville courthouse as ordered.

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The accused, whose identity is protected by a publication ban, was scheduled to enter a guilty plea and be sentenced Thursday after the Crown and defence had already agreed on the facts of the case. Instead, the proceeding collapsed after correctional staff failed to produce him in person or by video.

According to Crown prosecutor Rebecca Gill, jail officials initially reported that the transport vehicle had broken down before later advising the accused was medically unfit for transport and that technical problems prevented him from appearing by video.

Justice Horton rejected those explanations.

"The province doesn't seem to understand that, and the institutions are taking licence, and that's going to stop," Horton said from the bench after learning no correctional officials had appeared to explain the failure despite being directed to do so.

Defence lawyer Dawn Quelch argued the institution's conduct amounted to contempt of court, noting significant public resources had already been spent preparing for the hearing.

She told the court two victims had travelled long distances to deliver victim impact statements, including one woman who drove six hours, only to have the proceeding adjourned once again.

Justice Horton apologized to those present, saying the institution's failure affected "not only the liberty but the rights of every individual, including those incarcerated."

The judge also expressed concern that failures to transport inmates have become increasingly common, creating unnecessary delays and worsening court backlogs.

When the accused eventually joined the proceeding by telephone hours later, he said he had just been released from a 24-hour medical isolation after his cellmate became ill.

After waiting until well after 6 p.m. without a satisfactory explanation from jail management, Horton adjourned the case until late August and scheduled a contempt hearing for the superintendent.

"Ignoring these factors has become systemic, and it's magnified at this institution," Horton said. "This court has become increasingly concerned, particularly with respect to Central East, and the manner in which they choose when and if they want to follow judges' orders for attendance in person."

Under section 708 of the Criminal Code, a finding of contempt of court can result in a fine, imprisonment for up to 90 days, or an order to pay court costs.

The Aug. 7 hearing is expected to examine whether the correctional institution's failure to comply with the court's order amounts to contempt and what measures are needed to prevent similar incidents from recurring.