Disobeying an Order of the Court
Disobeying a court order could have you additionally sentenced on top of any penalty for the charge that brought you to court in the first place.
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Plain-Language Summary
What disobeying a court order is
A court order is a lawful direction made by a court, or by someone legally authorized to make the order, telling a person what they must do or must not do.
Disobeying an order of the court means failing to follow a lawful court order when you had no lawful excuse for not following it.
This offence can apply when someone disobeys a lawful court order, but not every breach of an order is handled under this section. Some orders have their own Criminal Code offence or procedure.
For example, this may involve a person disobeying a non-money court order, unless another law provides a specific procedure or penalty.
What the prosecutor has to prove
"The Crown" is the prosecutor — the government lawyer who brings the charge. To convict you of this offence, the prosecutor must prove, beyond a reasonable doubtThe standard that must be exceeded to find someone guilty, that:
- there was a lawful court order; and
- you disobeyed it without a lawful excuse.
Whether something counts as a lawful excuse is decided on the facts of the case.
How this offence is prosecuted
Canada deals with criminal charges in two main ways:
- Summary convictionUsed for lesser offences — the process used for less serious cases, with lower maximum penalties.
- Indictable — the process used for more serious cases, with higher maximum penalties.
This offence is hybrid, which means the prosecutor chooses which of those two ways to proceed, based on the case. The maximum penalty is higher if the prosecutor proceeds by indictment.
Possible penalties
If the prosecutor proceeds by indictment, the maximum is 2 years in prison. The offence can also be dealt with by summary conviction, which carries lower maximum penalties.
Related charges
Not every failure to follow a court order is dealt with under this section. Some situations — such as missing a court date, breaching bail or release conditions, or failing to follow probation conditions — fall under different Criminal Code offences with their own rules and penalties.
Those offences should be checked on their own pages.
What the Crown Must Prove
To get a conviction, the Crown must prove every part of the offence beyond a reasonable doubt.
Section 127
A lawful court order existed
A lawful order existed — made by a court of justice, or by a person or body of persons authorized by any Act to make or give the order.
You disobeyed it without a lawful excuse
You disobeyed the order without a lawful excuse. Whether something counts as a lawful excuse is decided on the facts of the case.
A proof rule (a presumption) is a rule about evidence. It does not mean the person is automatically guilty. It means the court may treat one fact as evidence of another fact unless there is evidence pointing the other way.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Disobeying an order of the court
HybridSection 127 applies unless another punishment or procedure is expressly provided by law. Orders for payment of money are excluded. Offence: s. 127(1). Punishment: s. 127(1)(a) (indictable); s. 787(1) (summary conviction).
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Disobeying an Order of the Court — s.127
Section 127 says the offence applies when a person disobeys a lawful court order "without lawful excuse". If there is evidence capable of raising a lawful excuse, the Crown must prove beyond a reasonable doubt that the person disobeyed the order without lawful excuse. What counts as a lawful excuse depends on the facts and the law.
Application / Scope
Disobeying an Order of the Court — Scope of s.127
Section 127 does not apply to every court order. It does not apply to an order "for the payment of money", and it does not apply if "a punishment or other mode of proceeding is expressly provided by law" for disobeying that particular order — for example, some orders are enforced under their own specific Criminal Code offence or procedure instead. Whether this section applies to a particular order depends on the order and the law that governs it.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
- Summary conviction Glossary entry →
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
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Criminal Code s. 127 Main offence and penaltyLast reviewed by CCH: 2026-06-19View official source ↗
Government References
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General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.