section 487.0552(1)

INTRODUCTION AND BRIEF DESCRIPTION

Failure to comply with orders or summons under various sections of the Criminal Code or National Defence Act can result in imprisonment.

SECTION WORDING

487.0552(1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction.

EXPLANATION

Section 487.0552(1) of the Criminal Code of Canada lays out the penalties for failure to comply with certain orders or summonses issued by authorities. Failure to comply without reasonable excuse is considered an indictable offence and is punishable by imprisonment for up to two years, or an offence punishable by summary conviction. The orders referred to in this section are those made under subsection 487.051(4) or 487.055(3.11) of the Criminal Code, or under subsection 196.14(4) or 196.24(4) of the National Defence Act. These orders may require an individual to produce certain documents, provide information, or attend court or other proceedings. The section also covers failure to comply with a summons issued under subsection 487.055(4) or 487.091(3) of the Criminal Code. These summonses may be issued by authorities as a way of compelling an individual to attend court or other proceedings related to the investigation of an offence. Overall, the section is designed to ensure that individuals who are required to provide information or attend proceedings related to a criminal investigation cannot simply evade their obligations without consequence. The penalties set out in this section are meant to deter individuals from failing to comply with lawful orders and summonses, and to ensure that the justice system can operate effectively by requiring cooperation from those involved in investigations.

COMMENTARY

Section 487.0552(1) of the Criminal Code of Canada criminalizes failure to comply with orders or summons issued under various sections of the Criminal Code and National Defence Act. The penalties for non-compliance depend on whether the offence is classified as indictable or punishable on summary conviction. The maximum sentence for the former is two years imprisonment while the latter is subject to a lesser penalty. This provision reflects the importance of compliance with court-issued orders and summonses in facilitating criminal investigations and trials. Failure to comply undermines the integrity of the justice system and may impede the pursuit of justice. In particular, non-compliance with orders for the production of documents or other evidence can frustrate investigative efforts, and non-compliance with summons can lead to the obstruction of justice. However, the provision raises questions about what constitutes a reasonable excuse for non-compliance. While some orders or summons may be straightforward, others may be more complex or burdensome to comply with and may have unintended consequences. Therefore, it is not always clear whether non-compliance is due to a lack of reasonable excuse, including privacy concerns or other legitimate reasons such as legal privilege or government confidentiality. There are also concerns about the potential for abuses of this provision, particularly where it may be used to compel cooperation from persons who are unwilling or unable to produce documents or attend court. Non-compliance without reasonable excuse may result in greater penalties than proportionate to the gravity of the offence. As a result, the potential risk of such abuses must be balanced against the provision's general utility in ensuring that orders and summonses are respected. Overall, Section 487.0552(1) of the Criminal Code of Canada serves an essential purpose in ensuring that court-issued orders and summonses are appropriately respected. It is essential for the efficacy of criminal investigations and the pursuit of justice. However, the provision must be used responsibly and with appropriate safeguards to minimize infringement on legitimate interests and potential abuses. Therefore, to strengthen the public's faith in the justice system, it is essential that the provision be subject to reasonable judicial oversight and careful application.

STRATEGY

Section 487.0552(1) of the Criminal Code of Canada is a provision that deals with the failure to comply with an order made under certain subsections of the Act or a summons referred to in other subsections of the Act. The provision prescribes two categories of offences: (a) an indictable offence with a maximum penalty of two years of imprisonment, and (b) an offence punishable on summary conviction. The following are some strategic considerations when dealing with this provision and some strategies that could be employed. 1. Compliance with Orders and Summons The most obvious and straightforward strategy to avoid being charged under section 487.0552(1) is to comply fully with any orders made under the specified subsections or any summons referred to in other subsections of the Act. Failure to comply with an order or a summons may arise due to various reasons, such as lack of awareness, misunderstanding, or deliberate non-compliance. In any case, it is crucial to seek legal advice and comply as soon as possible to reduce the risk of being charged and convicted. 2. Evaluate the Reasonableness of the Order Another strategy is to evaluate the reasonableness of any order made under subsection 487.051(4), 487.055(3.11), 196.14(4), or 196.24(4) before complying. While failure to comply without reasonable excuse is an offence under section 487.0552(1), the Act allows for challenges to the orders based on their reasonableness. For instance, if an order requires the disclosure of information that is irrelevant or privileged, an individual or organization may challenge the order on those grounds. Therefore, it is advisable to seek legal advice and evaluate the reasonableness of an order before complying. 3. Fulfill the Requirements of Section 487.055(4) or 487.091(3) Section 487.055(4) and 487.091(3) of the Act require persons to appear before an officer for examination or produce a document or other thing. Failure to comply with a summons under these subsections can lead to a charge under section 487.0552(1). To avoid being charged, individuals or organizations should fulfill the requirements of the summons promptly and fully. This could include obtaining legal advice, preparing the necessary documents or things, and appearing before the officer on time. 4. Negotiate with Authorities Another strategy that could be employed in dealing with section 487.0552(1) is to negotiate with the authorities. Depending on the circumstances, it may be possible to negotiate for a reduction or withdrawal of charges if there is evidence of a reasonable excuse for the failure to comply with an order or summons. For instance, if a person fails to comply due to a medical emergency, they may be able to negotiate with the authorities for leniency. Therefore, it is advisable to seek legal advice and explore the possibility of negotiating with the authorities. 5. Contest the Charge in Court If charged under section 487.0552(1), an individual or organization may contest the charge in court by pleading not guilty and presenting evidence of a reasonable excuse for the failure to comply with an order or summons. To be successful, the defendant must demonstrate that they had a reasonable excuse for the failure to comply and that the excuse is not wilful or negligent. Therefore, it is crucial to seek legal advice and prepare a strong defence if charged under section 487.0552(1). Conclusion Section 487.0552(1) of the Criminal Code of Canada is a provision that outlines the consequences of failing to comply with orders made under certain subsections or summons referred to in other subsections of the Act. To avoid being charged under this provision, individuals or organizations must comply fully with any orders or summons, evaluate the reasonableness of any order before complying, fulfill the requirements of section 487.055(4) or 487.091(3), negotiate with the authorities, or contest the charge in court. Seeking legal advice is crucial in deciding which strategy to employ in dealing with this provision.