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Offences under s. 127 [disobeying a court order] are hybrid. If prosecuted by indictment, the maximum penalty is 2 years incarceration. If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019). Minimum Penalties.
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.
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 · The simple answer is, yes. Imprisonment is a possible sentence for disobeying a court order, but not a mandatory sentence. One of our lawyers can consider your case and inform you, based on the facts of your case, on the likelihood of receiving a jail sentence for disobeying a court order as penalized under section 127 of the Criminal Code.
Criminal Code, R.S.C., 1985, c. C-46. (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 ...
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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
