QUICK TAKEAWAY
Disobeying an Order of the Court: When a judge or a justice of the peace makes an order, the law requires that you carry it out. Disobeying an order of the court is covered under s.127 (1) of the Criminal Code and you could be fined or sentenced to serve up to two years in jail on top of any penalty for the charge that brought you to court in the first place. A court order can set out conditions you have to follow while on bail or a promise to appear for a trial. These orders are not just for criminal matters. If you fail to comply with a civil court order you can also be found in contempt of court, which is an offence under the Code.
Table of Contents:
What is Disobeying an Order of the Court?
Disobeying an order of the court is included under Offences Against the Administration of Justice in the Criminal Code. A court order is a ruling by a judge or justice of the peace, setting out what you must do. These orders can be made in any court. For example, a family court judge could make an order requiring you to pay child support or a criminal court judge could order you to appear for trial on a certain day.
According to the Criminal Code, anyone who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act can be found guilty of:
- an indictable offence and liable to imprisonment for a term not exceeding two years; or
- an offence punishable on summary conviction.
What Does the Crown Need to Prove?
To win a conviction, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove the order existed and that you had no reasonable excuse to breach it. It may be possible to convince the court that you were compelled to defy the order. For example, if you had a medical emergency that prevented you from attending court, that might be seen as a reasonable excuse.
Treated as a Summary or Indictable Offence
Depending on the seriousness of the breach, the Crown can proceed with the charge of disobeying an order of the court as an indictable offenceIndictable offences are more-serious criminal offences or by summary convictionUsed for lesser offences.
In deciding whether to prosecute summarily or by indictment, such factors as your prior criminal record or if you have ignored a court order in the past will be considered. You face harsher penalties if you are convicted of an indictable offence.
Penalties for Disobeying an Order of the Court
The maximum jail term for disobeying an order of the court is two years if the Crown proceeds with the charge as an indictable offence. You could also be fined. If you are on a judicial interim release and you disobey a court order, the judge can revoke your bail and you will be held in custody until your trial.
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Ziskind & Bernhardt
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
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.
