INTRODUCTION AND BRIEF DESCRIPTION
Failing to comply with an order made by a judge or provincial court judge is considered contempt of court and can result in summary punishment.
SECTION WORDING
605(2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.
EXPLANATION
Section 605(2) of the Criminal Code of Canada outlines the consequences of failing to comply with an order made under subsection (1). This section applies to anyone who has received an order from a judge or provincial court judge in relation to their criminal proceedings. The order made under subsection (1) might require the accused to attend court or follow certain conditions or restrictions. If the accused fails to comply with the terms of the order, they may be found guilty of contempt of court under Section 605(2). This is a serious offence that can result in further penalties, such as imprisonment or fines. The judge who made the original order or the judge presiding over the trial of the accused has the authority to deal with the offence and may impose these penalties. The purpose of this section is to ensure that individuals involved in criminal proceedings follow court orders and that the administration of justice is not hindered. Failure to comply with court orders can cause delays in the legal process and may impede the ability of the court to reach a just and fair decision. By outlining the consequences of failing to comply with court orders, Section 605(2) of the Criminal Code of Canada promotes respect for the law and the authority of the court. It emphasizes the importance of complying with orders made by the court and reinforces the seriousness of any breach of such orders.
COMMENTARY
Section 605(2) of the Criminal Code of Canada deals with cases where an individual fails to comply with the terms of an order made under subsection (1). This provision serves as a mechanism to enforce court orders and maintain the integrity of the judicial system. When a court makes an order, it expects the parties involved to abide by the terms set out in the order. Failure to comply with the terms of the court order undermines the authority of the court, which has the power to enforce its orders through sanctions or penalties against the non-compliant party. Furthermore, failure to comply with a court order can result in further legal proceedings against the individual, which can be expensive and time-consuming for all parties involved. 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 ensure that court orders are followed. In Canada, the courts have a wide range of powers to enforce their orders, including the power to issue fines, imprisonment, or other penalties against the non-compliant party. However, the power to deal with an individual who fails to comply with an order made under section 605(1) is delegated to the judge or provincial court judge who made the order or before whom the trial of the accused takes place. This provision provides the judge with the ability to deal with the situation promptly and effectively. As a result, individuals who are found to be in contempt of court can be dealt with swiftly, which can help to ensure that justice is served and the integrity of the judicial system is maintained. In conclusion, section 605(2) of the Criminal Code of Canada plays an important role in maintaining the authority of the courts and ensuring that court orders are enforced. It serves as a deterrent against non-compliance and provides judges with the power to deal with those who fail to comply with court orders. This provision helps to maintain the integrity of the judicial system and uphold the law.
STRATEGY
Section 605(2) of the Criminal Code of Canada is a provision that deals with the consequences of failing to comply with an order made under subsection (1). A person who fails to comply with an order made under subsection (1) is deemed to have committed contempt of court and may be dealt with summarily by the judge or provincial court judge. In this article, we discuss some strategic considerations that can guide legal practitioners when dealing with this section of the Criminal Code of Canada. One of the first strategic considerations is to understand the nature of the order made under subsection (1). The order may be one that requires the person to do or refrain from doing something. For instance, the order may require the person to attend court for trial, pay a fine, or complete community service. Understanding the nature of the order is crucial in preparing a defence or in advising the accused on the best course of action. Another strategic consideration is to determine whether the person had the ability to comply with the order. In some cases, a person may be physically or mentally unable to comply with the order. For example, if the order requires the person to attend court for trial but the person is in a hospital bed, it may not be possible for them to comply. In such cases, the defence can argue that the failure to comply was not willful but due to circumstances beyond the person's control. Additionally, it is important to identify any mitigating factors that could influence the judge's decision in sentencing. For instance, if the person has no prior criminal record, is of good character, or has taken steps to remedy the situation, the judge may be more lenient in the sentence. Similarly, if the failure to comply was due to a misunderstanding or confusion about the order, the judge may consider that in sentencing. A strategic consideration that legal practitioners can take when dealing with this section of the Criminal Code of Canada is to negotiate with the prosecutor. If the accused is willing to plead guilty to the charge of contempt of court, the prosecutor may be willing to agree to a lesser penalty. Negotiating with the prosecutor can save the accused from going through a lengthy court process and may result in a more favourable outcome. Another strategic consideration is to challenge the validity of the order made under subsection (1). If the order was made without following due process or if it is unconstitutional, the accused can challenge the validity of the order. If successful, the accused may be excused from the obligation to comply with the order and avoid being charged with contempt of court. In conclusion, legal practitioners must consider various strategic factors when dealing with section 605(2) of the Criminal Code of Canada. Understanding the nature of the order, determining the person's ability to comply with the order, and identifying mitigating factors are all important considerations that can help in preparing a defence. Negotiating with the prosecutor, challenging the validity of the order, and exploring other options are also strategic considerations that can result in a more favourable outcome for the accused.