INTRODUCTION AND BRIEF DESCRIPTION
Failure to comply with a court order is a summary conviction offence.
SECTION WORDING
486.6(1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 486.6(1) of the Criminal Code of Canada criminalizes the failure to comply with an order made under subsections 486.4(1), (2) or (3) or 486.5(1) or (2). These provisions concern the making of orders to protect witnesses, victims or justice system participants during criminal proceedings. Subsection 486.4(1) authorizes a court to make an order prohibiting the publication of any information that could identify a witness or victim in a criminal proceeding. Subsection 486.4(2) allows a court to make an order for the use of a pseudonym or an order prohibiting the public from viewing the witness or victim during proceedings. Subsection 486.4(3) authorizes a court to make an order for the removal of an accused person from a courtroom during a witness's or victim's testimony. Subsection 486.5(1) permits a court to order that a publication ban or a ban on the public observation of a witness or victim remain in effect after the conclusion of the proceeding. Subsection 486.5(2) allows a court to order that a record of a proceeding be sealed to protect the identity of a witness or victim. Section 486.6(1) creates a summary offence for a person who fails to comply with any of these orders, regardless of whether they were made during or after the conclusion of a criminal proceeding. An individual who violates such an order may be subject to fines and other penalties, but the severity of the punishment will depend on the specific circumstances of the case. The purpose of these provisions is to protect the privacy and security of witnesses and victims in criminal proceedings, prevent witness intimidation, and maintain the integrity of the justice system. By imposing penalties for non-compliance with protective orders, these provisions aim to ensure that individuals involved in the court process are treated with respect and dignity and are free from harm or retribution.
COMMENTARY
Section 486.6(1) of the Criminal Code of Canada outlines the consequences for individuals who fail to comply with court orders relating to the protection of witnesses and victims in criminal proceedings. The section applies to orders made under subsections 486.4(1), (2), or (3) or 486.5(1) or (2), which provide for various forms of protection for witnesses and victims, such as the use of screens, publication bans, and the exclusion of the public from courtrooms during certain proceedings. The section states that failure to comply with such orders is an offence punishable on summary conviction. This means that the case would be heard in a provincial court before a judge, rather than in a higher level of court with a jury. The punishment for the offence is not specified, but the maximum penalty for summary conviction offences in Canada is typically a fine of up to $5,000 and/or a prison sentence of up to six months. The purpose of this section is to ensure that court orders designed to protect witnesses and victims in criminal proceedings are taken seriously and that individuals who violate these orders are held accountable. Failure to comply with such orders not only undermines the integrity of the criminal justice system but can also put the safety and well-being of witnesses and victims at risk. The protection of witnesses and victims is a crucial aspect of the criminal justice system, particularly in cases where they may be vulnerable or at risk of harm. Witnesses who testify against criminal defendants may face intimidation or retaliation, while victims of crime may also feel unsafe if their identities or personal details are made public. Court orders that provide for the protection of witnesses and victims are therefore essential in ensuring that they are able to participate fully in the legal process without fear of harm. While the consequences for failure to comply with such orders may seem relatively minor, it is important to note that this section is just one of many tools available to the court to enforce compliance. Judges have broad powers to impose sanctions for contempt of court, which can include fines, imprisonment, or other penalties. Additionally, an individual who breaches a court order may face further charges related to the underlying offence or may be subject to civil litigation. Overall, Section 486.6(1) of the Criminal Code of Canada serves as an important reminder of the importance of protecting witnesses and victims in criminal proceedings. By outlining clear consequences for failing to comply with court orders, the section helps to ensure that these orders are taken seriously and that witnesses and victims are able to participate in the legal process without fear of harm. While the punishment for non-compliance may seem relatively minor, the broader legal and reputational consequences of such behaviour can be significant. Ultimately, this section plays an important role in upholding the principles of justice, fairness and respect for people's right to safety in the Canadian legal system.
STRATEGY
Section 486.6(1) of the Criminal Code of Canada imposes a legal obligation on individuals to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2). Failure to comply with such an order is a criminal offence punishable on summary conviction. In this context, the strategic considerations and the strategies that could be employed are both critical factors that individuals must consider when dealing with this section of the Criminal Code. The strategic considerations when dealing with section 486.6(1) of the Criminal Code of Canada are numerous. These considerations play a critical role in the criminal justice system, as they assist individuals in navigating the potential legal consequences of non-complying with an order. Firstly, it is essential to understand the consequences of a conviction under section 486.6(1). If a person is convicted of this offence, they could face a fine or imprisonment, or both. Therefore, it is necessary to consider the potential legal repercussions of failing to comply with a court order before taking any action. Secondly, it is critical to understand the order that has been made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) before taking any step. The order directs the behavior of the accused individual and must be strictly followed. If individuals are uncertain about the order's terms, they should seek legal advice to avoid inadvertently violating the order. Further, if an individual has failed to comply with an order made under these subsections, they must consider their potential defences before being charged. This includes mitigating factors such as the reason for non-compliance, whether the individual has complied substantially with the order, and the impact of a conviction on their lives. In the context of strategies that could be employed, there are several that individuals can utilize to minimize the impact of being charged with an offence under section 486.6(1). The first strategy is to understand the order properly. Individuals should review the order with a lawyer and clarify any questions they have to avoid violating its terms. The second strategy is to consider any mitigating factors. If an individual can establish that their failure to comply with the order was due to a reasonable explanation, they may be able to avoid conviction or limit the severity of the punishment. This could involve providing evidence of efforts to comply with the order despite circumstances that may have made it difficult. The third strategy is to self-represent or retain competent counsel. The cost of legal representation is costly, and individuals may be tempted to self-represent. However, self-represented individuals may not fully understand the legal processes and not be aware of their rights, which may negatively affect their proceedings. In contrast, engaging well-experienced legal counsel will guarantee knowledgeable representation. In conclusion, section 486.6(1) of the Criminal Code of Canada imposes significant obligations on individuals to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2). Understanding the order, considering mitigating factors, and retaining competent legal counsel may minimize the risk of being charged with an offence under this section and limit its legal impact.