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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.
- Offence Wording
- Interpretation of The Offence
- Record Suspensions and Pardons
The wording "provided by law" in s. 127 (1) is limited to "statute law" and not of the common law. Violating a common-law peace bond does not amount to "disobeying a court order."
Convictions under s. 126 [disobeying a statute] or 127 [disobeying a court order] are eligible for record suspensions pursuant to s. 3 and 4 of the Criminal Records Act after 5 years after the expiration of sentence for summary conviction offences and 10 years after the expiration of sentence for all other offences. The offender may nothave the rec...
127 (1) Every one 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 to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of (a) an indictable offence ...
Marginal note: Disobeying order of court 127 (1) Every one 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 to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
Jun 18, 2024 · Disobeying a court order is criminalized under section 127 of the Criminal Code. Disobeying a court order is any defiance of an order made by a court or disobeying any type of order made by a person or body who is authorized to make such an order via a provincial or federal law or statute. Disobeying a court order is often only laid as a charge ...
court order as a serious matter. They want to make sure court orders are respected and not ignored. A summary offence is a less serious crime. If the prosecutor proceeds “summarily,” generally the maximum sentence a judge could give you is two years less a day in jail, or up to a $5,000 fine, or both. Or you may have to serve the rest of your
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Section 605 (2) of the Criminal Code of Canada states that individuals who fail to comply with an order made under 605 (1) are guilty of contempt of court. Contempt of court is a serious offence that can result in imprisonment, fines, or both. The purpose of this provision is to deter individuals from disregarding the orders of the court and to ...
