section 672.501(11)

INTRODUCTION AND BRIEF DESCRIPTION

Failure to comply with an order under subsections (1) to (3) is a summary conviction offence under Section 672.501(11) of the Criminal Code of Canada.

SECTION WORDING

672.501(11) Every person who fails to comply with an order made under any of subsections (1) to (3) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 672.501(11) of the Criminal Code of Canada deals with non-compliance with court orders made under subsections (1) to (3) of the same section. Subsections (1) to (3) give judges the power to make orders regarding the release, detention, and supervision of an accused person awaiting trial or sentencing. These orders are made to ensure that the accused attends court when required, does not commit any further offences, and does not interfere with witnesses or the administration of justice. If an accused person fails to comply with any of these orders, they will be guilty of an offence punishable on summary conviction, meaning they can be sentenced to a maximum of six months in jail and/or a fine of up to $5,000. This penalty is considered relatively mild and serves more as a warning to the accused rather than a severe punishment. It is important to note that failure to comply with these orders can have serious consequences for the accused. They may be re-arrested and held in custody until their trial or sentencing, or they may have additional charges laid against them. The judge may also be less likely to grant them bail in the future, making it more difficult for them to prepare their defence. Overall, Section 672.501(11) reinforces the importance of complying with court orders and respecting the judicial system. By making it an offence to fail to comply with these orders, the law seeks to ensure that accused persons take their obligations seriously and do not hinder the administration of justice.

COMMENTARY

Section 672.501(11) of the Criminal Code of Canada pertains to failing to comply with orders made under subsections (1) to (3) of the same section. Subsection (1) outlines the conditions in which an offender may be released on recognizance, which is essentially a promise to appear in court and abide by certain conditions. These conditions may include reporting to a certain person or place at specified times, abstaining from alcohol or drugs, or even wearing an electronic monitoring device. Subsections (2) and (3) pertain to situations in which an offender may be granted bail pending an appeal or if the accused person has not yet been sentenced. Failing to comply with an order made under any of these subsections is considered an offence punishable on summary conviction. This means that the offender may be fined and/or sentenced to a period of imprisonment of up to 6 months. It is important to note that this offence is considered separate from any other charge the offender may be facing, and may be brought forth even if the original charge is dropped or the offender is found not guilty. This section of the Criminal Code of Canada serves as an important reminder of the seriousness of failing to comply with court orders. By ignoring or disobeying conditions set forth by a judge or other authority figure, the offender is showing a lack of respect for the law and the justice system. Additionally, failure to comply with such orders may result in negative consequences, such as further legal action, revocation of bail or recognizance, and potentially even additional criminal charges. In contrast, abiding by court orders demonstrates a level of responsibility and respect for the law. It is important for offenders to understand that compliance with court orders is not optional, and failure to do so will not be tolerated. This section of the Criminal Code serves as a further deterrent against such actions, as punishment may be imposed even if there are no other criminal charges involved. Overall, Section 672.501(11) serves as an important reminder of the seriousness of failing to comply with court orders and the potential consequences of such actions. It is important for offenders to take such orders seriously and abide by them to the best of their ability. By doing so, they are demonstrating a commitment to the legal process and increasing their chances of a positive outcome in their case.

STRATEGY

Section 672.501(11) of the Canadian Criminal Code outlines the consequences for failing to comply with an order made under any of subsections (1) to (3). Specifically, it is deemed an offence punishable on summary conviction. There are numerous strategic considerations that individuals and organizations need to keep in mind when dealing with this section of the Criminal Code. First and foremost, it is important to understand the different types of orders that may be issued under subsections (1) to (3). Subsection (1) pertains to orders for probationary service, while subsection (2) deals with conditional sentences. Subsection (3) relates to longer-term supervision orders. Understanding the nature of the order issued is critical in determining the potential implications and consequences of non-compliance. One of the primary strategic considerations involves the potential for criminal charges and conviction. If a person or organization fails to comply with an order issued under subsections (1) to (3), they can be charged with an offence and face harsh penalties under the Criminal Code. Individuals may face fines, jail time, or both, depending on the severity of the non-compliance and the conditions of the original order. Another strategic consideration is the potential impact on relationships with law enforcement agencies and other legal entities. Failure to comply with an order can result in a loss of trust and damage to relationships with government agencies, which may have future implications for related matters. As such, it is important to take compliance seriously and make every effort to adhere to any orders issued by the courts or other legal entities. A third consideration relates to the potential for mitigating factors that may impact a person's culpability for non-compliance. For instance, if an order is unreasonable or impossible to comply with, this may be taken into consideration by the courts. Similarly, if a person can demonstrate genuine efforts to comply with the order and any extenuating circumstances, this may work in their favour. It is important to keep these factors in mind and work with legal counsel to present the case in the best possible light. Finally, it is important to consider proactive measures that can be taken to avoid non-compliance altogether. This may include providing adequate resources and support to individuals subject to probationary, conditional, or supervision orders. It may also involve developing clear and concise communication channels with legal representatives and government agencies to ensure that everyone is on the same page when it comes to compliance expectations. Given the severe consequences of failing to comply with an order issued under subsections (1) to (3) of the Canadian Criminal Code, it is vital to carefully consider all of these strategic considerations and take steps to ensure compliance. By doing so, individuals and organizations can protect themselves and maintain positive relationships with law enforcement agencies and other legal entities.