INTRODUCTION AND BRIEF DESCRIPTION

Failure to comply with an order is an offence with a maximum penalty of two years imprisonment.

SECTION WORDING

743.21(2) Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

EXPLANATION

Section 743.21(2) of the Criminal Code of Canada is a provision that deals with the consequences of failing to comply with a court order. The section makes it a criminal offense for anyone, without a lawful excuse, to fail to comply with a court order. The onus lies on the person to provide proof of a lawful excuse for not complying with the order. A court order is a legal document that directs someone to perform a specific task or refrain from doing something. The types of orders that fall under this section can vary widely, and they may include restraining orders, probation orders, bail conditions, or orders for community service. If a person violates such a court order, they may face criminal charges under this section of the Criminal Code. The severity of the penalty will depend on whether the offense is classified as an indictable offence or a summary conviction offence. An indictable offense is a more serious criminal offense, and the punishment for it can include imprisonment for up to two years. A summary conviction offense, on the other hand, is a less severe criminal offense, and the punishment is a jail term of not more than eighteen months. In summary, this provision of the Criminal Code of Canada is an essential tool that courts use to enforce their orders. It serves as a deterrent to people who might be tempted to disregard court orders, and it helps ensure that the integrity of the legal system is maintained. Individuals are expected to comply with court orders, and anyone who violates them risks criminal charges and penalties.

COMMENTARY

Section 743.21(2) of the Criminal Code of Canada deals with individuals who fail to comply with a court order. This section of the code applies to both criminal and civil cases, where a court has issued an order to an individual. The order may require the individual to do something, such as pay a fine, or to refrain from doing something, such as attending a specific location. Failure to comply with the order can have serious consequences. The first key point to note in this law is that every individual who fails, without a lawful excuse, to comply with the order is guilty of an indictable offense, punishable by imprisonment for a term not exceeding two years. This clause of the law sets the tone for the severity of the offense, and highlights the importance of compliance with court orders. If an individual fails to comply, the law deems their actions serious enough that it could lead to their imprisonment. Furthermore, even if the individual doesn't serve the full two-year sentence, a conviction for an indictable offense carries consequences that extend beyond the time spent behind bars. It can result in difficulty obtaining employment, accessing credit or funding, and in many cases, restrict an individual's travel. The second clause of the law states that an individual who fails to comply with the order can also be guilty of an offense punishable on summary conviction, with imprisonment for a term not exceeding eighteen months. A summary conviction offense is a less severe form of punishment than an indictable offense, and in many cases is considered a misdemeanor type of offense. However, it should not be taken lightly, since imprisonment and a criminal record can have long-lasting effects. The important thing to remember is that the law stipulates that the burden of proof lies on the individual to prove a lawful excuse for non-compliance. This section of the Criminal Code recognizes that there may be circumstances that are beyond an individual's control that make it difficult or impossible for them to comply with the order and it is up to them to prove it. A lawful excuse is not a common occurrence, and therefore if an individual is perceived to be non-compliant without providing proof, it is highly unlikely that they will escape punishment. This section of the Criminal Code aims to protect the integrity of the judicial system and ensure that court orders are taken seriously and are enforced. Noncompliance with court orders undermines the authority of the court and is punishable by law. The law recognizes that compliance with a court order can be challenging, and a person may encounter difficulties. However, it is up to the individual to provide evidence to prove their inability to comply, and be proactive in seeking alternative ways to fulfill the court order. Overall, section 743.21(2) of the Criminal Code of Canada serves as a warning to individuals who may be tempted to avoid court orders. There are serious consequences for failing to comply with court orders, and it is the responsibility of the individual to provide proof of a lawful excuse if they want to avoid prosecution. The law recognizes that compliance may be difficult at times, but it is a requirement that should be taken seriously. By complying with court orders, individuals can protect themselves and respect the integrity of the judicial system.

STRATEGY

Section 743.21(2) of the Canadian Criminal Code is an important provision that deals with compliance with court orders and can have significant consequences. Whether one is facing charges under this section or seeking to ensure compliance with a court order, there are several strategic considerations that must be taken into account. These include understanding the scope of the order, communicating effectively with the relevant parties, and obtaining legal advice. One major strategic consideration is understanding the scope of the order. This requires a careful review of the order itself to determine what exactly it requires. The order may specify certain actions that must be taken within a particular timeframe, or it may prohibit certain behaviors. Whatever the case may be, understanding the order is essential in order to ensure compliance and avoid potential legal consequences. Another important consideration is effective communication with the relevant parties. This may include the court, the opposing party (if applicable), and any other individuals or entities that are affected by the order. Clear and concise communication can help to ensure that everyone is on the same page and that there are no misunderstandings or miscommunications that could lead to non-compliance. It is particularly important to communicate any difficulties or obstacles that may arise in complying with the order, as this can help to demonstrate a good faith effort to comply. Obtaining legal advice is also a critical strategic consideration. A qualified attorney can help to interpret the order, provide guidance on compliance, and represent clients in court if necessary. This is especially important if one is facing charges under this section of the Criminal Code. A seasoned lawyer can help to build a defense, negotiate with the prosecution, and explain the potential consequences of a conviction under this provision. There are several strategies that can be employed to ensure compliance with an order or to defend against charges under this section of the Criminal Code. One possible approach is to seek a variation or modification of the order if it is no longer feasible or practical to comply. This may involve applying to the court to change the terms of the order to better reflect the current circumstances. Another tactic is to demonstrate a good faith effort to comply with the order, even if full compliance is not possible. This may involve providing regular updates to the court or opposing party on progress toward compliance, as well as documenting any efforts that have been made. In conclusion, compliance with court orders is a critical component of the legal system, and failure to comply can result in serious legal consequences under section 743.21(2) of the Criminal Code of Canada. By understanding the scope of the order, communicating effectively with the relevant parties, obtaining legal advice, and employing strategic approaches to compliance and defense, individuals can better navigate the legal process and avoid potential legal consequences.