INTRODUCTION AND BRIEF DESCRIPTION
Section 785 defines order to include any type of order, including those for the payment of money.
SECTION WORDING
785 In this Part, "order" means any order, including an order for the payment of money.
EXPLANATION
Section 785 of the Criminal Code of Canada defines the term order" as any type of court order, including those that require the payment of money. The term Part" refers to the entire section of the Criminal Code dealing with the enforcement of orders. This definition is crucial because it establishes the scope of the Criminal Code's provisions for enforcing court orders. The term order" can encompass a wide range of court orders, such as those related to criminal fines, restitution, or compensation for victims of crime. Additionally, the definition of order" includes those orders that may not necessarily be related to criminal offenses but are rather civil judgments, such as orders for the payment of debts or child support. The inclusion of orders for the payment of money is particularly significant because this type of order is often the subject of enforcement proceedings. If an individual fails to comply with a court order to pay a monetary award, the court can take steps to enforce the order, such as by garnishing wages or seizing assets. Overall, Section 785 plays an essential role in establishing the framework for the enforcement of court orders in Canada. It ensures that the Criminal Code's provisions apply to a wide range of court orders and provides a comprehensive definition of the term order" that can guide enforcement efforts.
COMMENTARY
Section 785 of the Criminal Code of Canada provides a clear definition of the term "order" in the context of Part XXVII of the Criminal Code, which deals with the enforcement of orders made by courts. Specifically, the section defines "order" as any kind of order, regardless of the nature of the relief sought or the subject matter of the order. This includes orders for the payment of money, but it also encompasses other forms of relief, such as injunctions, restraining orders, and orders for specific performance. This broad definition of "order" is significant because it establishes the scope of the court's authority to issue orders and enforce them. By making clear that the term encompasses all manner of court orders, this provision ensures that individuals and organizations who are subject to court orders understand the full extent of their legal obligations. Moreover, it empowers courts to take a wide range of measures to enforce their orders, ensuring that justice is served and that the rule of law is upheld. One important implication of this provision is that it captures orders that might not typically be thought of as criminal in nature. For example, a civil court may issue an order requiring a landlord to carry out repairs on a rental property. While this is not a criminal matter per se, failure to comply with the order could result in the landlord being held in contempt of court and facing sanctions. By including such orders within the scope of Part XXVII, the Criminal Code reinforces the seriousness with which courts treat all forms of court orders, regardless of whether they arise in a civil or criminal context. Another notable feature of this provision is that it allows for monetary relief to be included as part of a court order. In some cases, this means that a court may order one party to pay damages to another party as a form of restitution or to compensate for losses incurred. However, it may also include fines, penalties, or other similar forms of financial sanctions. By allowing for the imposition of financial penalties as a form of enforcement, this provision gives courts an important tool for compelling compliance with their orders. Overall, Section 785 of the Criminal Code of Canada is an important provision that provides clarity and guidance on the scope and nature of court orders in the Canadian legal system. By defining the term "order" broadly, including orders for the payment of money, it ensures that individuals and organizations subject to court orders understand their legal obligations and are held accountable for complying with them. Moreover, it empowers courts to take effective measures to enforce their orders and ensures that justice is served in all cases.
STRATEGY
Section 785 of the Criminal Code of Canada is a critical provision that allows the court to issue orders for a range of purposes, including the payment of fines, restitution, and compensation to victims of crime. However, navigating this provision requires a thoughtful and strategic approach, particularly in light of the serious consequences that can result if the court is not satisfied with the order. One critical strategic consideration is to carefully assess the nature and scope of the order being sought and ensure that it is consistent with the evidence and relevant legal principles. For example, in cases involving the payment of fines or restitution, it is important to establish the calculation of the amount owing and the justification for the specific figure being sought. Similarly, in cases involving compensation to victims, it is important to establish a clear link between the harm suffered by the victim and the amount of compensation being sought. Another strategic consideration is to anticipate potential challenges to the order and develop a strong argument in response. These challenges could come from the accused, who may argue that the order is disproportionate or unfair, or from the victim or others affected by the order, who may have concerns about its enforceability or adequacy. Responding to these challenges effectively requires a careful analysis of the legal and factual issues involved and the development of a compelling and persuasive argument. One strategy that could be employed in responding to challenges is to highlight the benefits and importance of the order. For example, in cases involving compensation to victims, it may be helpful to emphasize the need for victims to be made whole after suffering harm, and to underscore the importance of holding offenders accountable for their actions. Similarly, in cases involving fines or restitution, it may be useful to stress the role of these orders in promoting a sense of deterrence and denunciation among potential offenders. Finally, it is important to recognize that Section 785 is just one part of a broader legal framework that governs criminal proceedings. As such, it is essential to consider the interplay of this provision with other relevant laws and regulations, including sentencing guidelines, victim assistance programs, and civil law remedies. By taking a holistic and strategic approach to navigating Section 785, legal professionals can ensure that their clients receive the best possible outcome and justice is served.