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Is it a Crime to Fail to Comply With a Court Order?

In domestic violence cases it is common for the accused to be charged with a further criminal offence for failing to comply with a condition of their bail that states that they cannot have contact, either directly or indirectly with the complainant, often the accused person's spouse.

In domestic violence cases it is common for the accused to be charged with a further criminal offence for failing to comply with a condition of their bail that states that they cannot have contact, either directly or indirectly with the complainant, often the accused person’s spouse.

  • It is a criminal offence to fail to comply with a court order.
  • Section 145 of the Criminal Code defines six criminal offences that are considered offences against the administration of justice.
  • These offences apply to people who have been accused of failing to comply with a court order.
  • Each offence carries a maximum penalty of 2 years imprisonment if the Crown proceeds by indictment.
  • The court takes the six hybrid offences found below very seriously. Each offences carries a maximum sentence of a two years custodial sentence, should the Crown attorney proceed by way of indictment.

Escape Lawful Custody

145. (1) Every one who
(a) escapes from lawful custody, or
(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

Failure to attend court
(2) Every one who,
(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

Failure to comply with condition of undertaking or recognizance
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

Failure to appear or to comply with summons
(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

Failure to comply with appearance notice or promise to appear
(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or to attend court in accordance therewith, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.

Failure to comply with conditions of undertaking
(5.1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.

  • If you have been charged with a criminal offence fro failing to comply, or with any other criminal offence contact Kostman and Pyzer, Barristers today for your free consultation about your defence!
23 May 2017

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