section 127(1)

INTRODUCTION AND BRIEF DESCRIPTION

Anyone who disobeys a lawful order by a court or authorized person is guilty of an indictable offense or an offense punishable on summary conviction.

SECTION WORDING

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 and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.

EXPLANATION

Section 127(1) of the Criminal Code of Canada outlines the criminal offense of disobeying a lawful order. This section is intended to ensure compliance with the orders of courts, authorized persons or bodies, and prevent individuals from taking the law into their own hands. In order to be charged under this section, an individual must have willfully disobeyed a lawful order. This can include orders related to a variety of legal matters, such as family law, criminal law, and civil law. It is important to note that orders for the payment of money are not included in this section. The consequences of disobeying a lawful order under this section can result in both indictable and summary offenses, with an individual being liable for a period of up to two years in prison. The penalties are imposed to deter individuals from engaging in actions that may undermine the authority of the justice system or the legality of the legal order. A court may choose to issue a lawful order to ensure that a person abides by their legal obligations, including making child support payments or complying with terms of a restraining order. If a person fails to adhere to such an order without a lawful excuse, they may be charged under Section 127(1) of the Criminal Code of Canada. Overall, this section serves to uphold the law and ensure compliance with court decisions. It holds individuals accountable for their actions and ensures that they do not undermine the legal system or the authority of court decisions.

COMMENTARY

Section 127(1) of the Criminal Code of Canada is an important provision that deals with the offence of disobeying a lawful order made by a court of justice or a person or body of persons authorized by law to make such orders. The section provides that any person who, without lawful excuse, disobeys a lawful order is guilty of an offence punishable by imprisonment for a term not exceeding two years or a fine, or both. This offence is more serious than a contempt of court, which can result in a fine or imprisonment that is limited to the duration of the hearing. This section of the Criminal Code aims to protect the authority and integrity of courts and other persons or bodies that are empowered to make lawful orders. The disobedience of such orders undermines the ability of these institutions to function effectively and renders the administration of justice less effective. As such, this section serves as an important deterrent against disobedience of lawful court orders. The section applies to all types of lawful orders made by courts of justice or authorized persons and bodies. This includes orders related to criminal trials, civil lawsuits, and administrative proceedings. The section does not apply to orders for the payment of money, as there are other provisions in the Criminal Code that deal with such orders. In order to be found guilty of an offence under this section, the accused must have knowingly and intentionally disobeyed a lawful order. However, the section also provides for a defence of lawful excuse. This defence allows the accused to argue that there was a valid reason for disobeying the order, such as a medical emergency or a mistake of fact. It is up to the accused to prove this defence on a balance of probabilities. The punishment for an offence under this section depends on the seriousness of the offence and the circumstances of the case. The maximum penalty for an indictable offence is two years imprisonment, while the penalty for an offence punishable on summary conviction is a fine or imprisonment for a term not exceeding six months, or both. Overall, Section 127(1) of the Criminal Code of Canada is an important provision that helps to ensure that lawful orders made by courts and other authorized persons and bodies are respected and obeyed. This provision serves as a vital safeguard for the administration of justice, promoting the integrity and credibility of the legal system. It is important for all individuals to respect the authority of the courts and other legal institutions and to comply with lawful orders so that justice can be administered effectively.

STRATEGY

Section 127(1) of the Criminal Code of Canada criminalizes disobedience of lawful orders made by courts or authorized persons or bodies. As with any criminal charge, there are several strategic considerations that individuals and their legal counsel should keep in mind when dealing with this section of the Criminal Code. This article will discuss some of these considerations and provide strategies that could be employed. One of the main strategic considerations when dealing with section 127(1) is the nature of the order that was disobeyed. The section specifically states that it does not apply to orders for the payment of money. This means that disobeying such orders cannot result in a charge under this section. However, disobedience of other types of lawful orders, such as those related to child custody or restraining orders, can result in a charge. It is important to carefully review the specific order at issue and determine whether it falls within the scope of section 127(1). Another important consideration is the level of punishment that could be imposed. Section 127(1) provides for both indictable and summary conviction offences, with maximum sentences of two years and six months, respectively. An individual charged with a summary conviction offence could face a lighter sentence, but must also be aware of the potential consequences, such as a criminal record. It is important to carefully assess the strength of the prosecution's case and the likelihood of conviction before deciding whether to proceed to trial or seek a plea deal. A third strategic consideration is the potential impact of a conviction under section 127(1). A criminal record can have serious consequences, including difficulty obtaining employment, travel restrictions, and negative social stigmatization. It is important to consider all available options, including seeking a discharge or exploring alternative sentencing, such as community service or probation, in order to minimize these potential long-term effects. In terms of strategies that could be employed, there are several that may be effective in dealing with a charge of disobedience under section 127(1). One such strategy is to challenge the validity of the order that was disobeyed. For example, if the order was made in violation of a person's constitutional rights, it may be possible to argue that the order was not lawful and therefore cannot form the basis of a criminal charge. Another strategy is to seek to negotiate a plea deal with the prosecution. This may involve admitting to the disobedience in exchange for a lighter sentence or the dropping of other charges. Finally, it may be possible to mount a defense based on a lack of intention or knowledge. If an individual did not understand that they were disobeying a lawful order, or did not have the intention to do so, this could provide a defense to a charge under section 127(1). In conclusion, section 127(1) of the Criminal Code of Canada criminalizes disobedience of lawful orders made by courts or authorized persons or bodies. As with any criminal charge, strategic considerations and careful planning must be undertaken. It is important to carefully review the specific order at issue, assess the strength of the prosecution's case, and explore the potential impact of a conviction. A range of strategies may be available, including challenging the validity of the order, seeking a plea deal, and mounting a defense based on lack of intention or knowledge.