INTRODUCTION AND BRIEF DESCRIPTION
Non-compliance with an order of prohibition is a punishable offence in Canada.
380.2(4) Every person who is bound by an order of prohibition and who does not comply with the 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.
Section 380.2(4) of the Criminal Code of Canada is a provision pertaining to individuals who have been issued an order of prohibition and fail to comply with it. This provision is part of the larger scheme of laws in Canada aimed at combating identity theft and related offences. The provision essentially makes it an offence for an individual who has been subjected to an order of prohibition, usually by a court or any other legal or administrative authority, to disobey the order and engage in activities prohibited by the order. The order of prohibition may, for instance, prohibit the individual from possessing or accessing certain types of personal information, or from engaging in certain business activities that are deemed dishonest or fraudulent. If an individual who is bound by an order of prohibition violates the order, they can be charged with either an indictable offence or an offence punishable on summary conviction. If the offence is indictable, the individual can face imprisonment of up to two years. If the offence is punishable on summary conviction, the individual can be fined or sentenced to a term of imprisonment of up to six months, or both. This provision is an important tool in deterring individuals from engaging in activities that could lead to identity theft or other forms of fraudulent activities. It helps to ensure that court orders and other legal or administrative directives are respected and followed, thereby promoting the integrity of the justice system. It also serves as a warning to would-be offenders that disobeying court orders or administrative directives carries serious consequences.
Section 380.2(4) of the Criminal Code of Canada deals with non-compliance with an order of prohibition. This section places a legal obligation on an individual to comply with an order of prohibition issued by the court. In simple terms, an order of prohibition prohibits an individual from engaging in certain activities or actions. It serves as a preventive measure to ensure that the individual does not pose any threat or danger to society. The consequences of non-compliance with an order of prohibition can be severe, ranging from a summary conviction to an indictable offence which may result in imprisonment for up to two years. This is an indication of how seriously the Canadian government regards compliance with court orders, especially in cases where public safety and security are paramount. The section also provides that every person who is bound by an order of prohibition and who does not comply with the order is guilty of an offence. This means that the burden of proof rests with the prosecution to establish that the individual was indeed aware of the prohibition and failed to comply with it. The objective is to ensure that the accused person was not wrongly accused, but that there was evidence to back up the claim. Furthermore, the section provides for two types of offences, namely an indictable offence and an offence punishable on summary conviction. An indictable offence is a more serious offence that carries harsher penalties, while an offence punishable on summary conviction is a less serious offence that carries milder penalties. This provision gives the court discretion to determine the appropriate offence depending on the circumstances of the case. The importance of this provision cannot be overemphasized. Non-compliance with an order of prohibition can have dire consequences, not only for the individual but for society as a whole. The order is usually issued to protect the public from harm and non-compliance can lead to serious harm or even loss of life. This provision is intended to ensure that there are consequences for failing to comply with court orders, thus promoting the rule of law and upholding public safety and security. In conclusion, Section 380.2(4) of the Criminal Code of Canada is an important provision that seeks to ensure compliance with orders of prohibition. It is vital in promoting the rule of law and protecting public safety and security. The section provides for harsh penalties for non-compliance, while giving the court discretion to determine the appropriate offence depending on the circumstances of the case. It is a provision that every individual should take seriously and ensure compliance with orders of prohibition issued by the court.
Section 380.2(4) of the Criminal Code of Canada deals with the offence of non-compliance with an order of prohibition. It is a serious offence that can result in imprisonment for up to two years. As such, it is important to understand the strategic considerations when dealing with this section of the Criminal Code and to consider effective strategies that can be employed to avoid conviction or minimize the consequences of a conviction. One of the first strategic considerations when dealing with this section of the Criminal Code is to carefully review the terms of the prohibition order. It is important to understand what actions or behaviours are prohibited by the order and to avoid engaging in any conduct that would violate the order. If the terms of the order are unclear or overly broad, it may be possible to challenge the validity of the order in court. Another important strategic consideration is to seek legal advice as soon as possible. Non-compliance with an order of prohibition is a serious offence and can have significant legal consequences. An experienced criminal defence lawyer can provide advice on the best course of action and help you navigate the legal process effectively. One effective strategy that can be employed in dealing with this section of the Criminal Code is to negotiate a plea bargain with the Crown prosecutor. In some cases, it may be possible to negotiate a plea to a lesser offence, such as a summary conviction offence, which carries a lower penalty than an indictable offence. Alternatively, it may be possible to negotiate a joint submission on sentence, which would allow the defence and Crown to agree on a recommended sentence to present to the judge. Another effective strategy in dealing with this section of the Criminal Code is to present a strong defence at trial. This may involve challenging the validity of the prohibition order, raising a reasonable doubt about whether a violation occurred, or demonstrating that the accused had a reasonable excuse for non-compliance with the order. Finally, it is important to comply fully with any orders or conditions imposed as part of a sentence. This includes complying with probation or parole orders, attending counselling or treatment programs, and paying any fines or restitution. Failure to comply with these conditions can result in further legal consequences, such as a breach of probation charge or a revocation of parole. In conclusion, non-compliance with an order of prohibition is a serious offence that can result in significant legal consequences. It is important to carefully consider the strategic considerations when dealing with this section of the Criminal Code and to employ effective strategies to avoid conviction or minimize the consequences of a conviction. Seeking legal advice, negotiating a plea bargain, presenting a strong defence at trial, and complying with any conditions imposed as part of a sentence are all effective strategies that can help achieve the best possible outcome in these types of cases.