Cordaie Paralegal Services Logo

CIVIL | TRIBUNALS | PERSONAL INJURY | CRIMINAL


Breach of Court Orders

Breach of Court Orders

Administration of Justice


When someone breaches a court order, they can face serious legal consequences. Depending on the nature of the breach, the individual may be charged with a criminal offence and face a jail sentence. They may also be responsible for any damages caused by the breach, and may be subject to other sanctions.

CIVIL | TRIBUNALS | PERSONAL INJURY | CRIMINAL

Have a Team Member Call You

Get Started Today to Discuss Your Legal Needs.

Breach of Court Orders


To determine whether any defence is available and strong, it is entirely up to the facts of your case. The following common defences can be raised against charges under Section 127 of the Criminal Code:


Lack of Mens Rea

For a conviction to be secured, the Crown must prove the mental elements of the crime. An accused must demonstrate that the court order was disobeyed with the intention of disobeying it and that the offender knew of its existence at the time the order was broken. It will not be possible for the Crown to prove that the accused possessed the requisite mental intent elements of this offence, or for the defence to prove that the accused did not meet these elements.


Depending on the evidence available, this type of defence may be appropriate. In the case of a breach of the publication ban, demonstrating that the publisher had reason to believe the publication ban had expired or had been lifted before any information about a proceeding was published could not satisfy the mens rea elements of a section 127 offence.


Alternative Act Argument

Your defence will check other statutes to determine whether the section 127 charge is appropriate if the client is charged with a section 127 offence.


According to section 127, the section only applies if there is no other punishment or proceeding expressly provided by another law. Therefore, your defence paralegal will ensure that any charges against you are properly filed and that any frivolous or unfounded charges are challenged.



Breach of Court Order


Lawful Excuse

A lawful excuse to disobey a court order does not constitute an offence, as explicitly stated in section 127. The accused can demonstrate that they breached a court order lawfully if the evidence supports such a defence.


Defences Available Under the Charter

You have rights and freedoms under the Canadian Charter before and after your arrest. Police failing to obey these rights, whether intentionally or inadvertently, could aid your defence.


Under section 24(2) of the Charter, you may be able to have some or all of the evidence the Crown is using to obtain a conviction excluded if any of your Charter rights have been violated before or after your arrest.


A case called R v Gibbons, 2013 ONSC 1403 (CanLII) found section 127 of the Criminal Code to be constitutional and not overbroad. Thus, a constitutional challenge to the law is not currently an available defence.


Is there anything else you need to know?

We have everything you need in one place.


The majority of our rates can be found on our website. Bundled and unbundled services are available. Hiring us means you'll know what to expect when it comes to transparent, fast, easy, professional service.

Discover More >

FAQ


Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.

Discover More >

It is important to understand the facts of your case if you have a legal matter. Choosing an experienced legal counsel who can craft a strategy for your case is the best way to proceed.

Discover More >

Breach of Court Orders

Some common information about breach of court orders.


Breach of Court Orders: Explained


  • It is possible to breach a court order if you fail to comply with the probation or bail conditions.


There are several ways in which court orders are violated, including:

  • Breaching a probation order
  • Failing to abide by a court-ordered injunction
  • Failing to abide by a court-ordered publication ban
  • Failing to appear in court
  • Failing to appear in court, if subpoenaed as a witness
  • Failing to complete community service
  • Failing to meet with a probation officer
  • Failing to pay fines on time
  • Failing to remain home, while under house arrest


Even a minor breach of your conditions could have serious consequences. Breach of a court order carries a maximum sentence of 2 years in prison. There is also the possibility of your bail or probation being rescinded, putting you behind bars, and your sureties may have to forfeit the money or belongings that they posted as bail. Furthermore, the court will see you as less of a reliable witness, which may adversely affect your chances of succeeding at trial as well as obtaining further release in the future.


Breach of Court Orders: Criminal Offence


Section 127 of the Criminal Code criminalizes disobeying a court order.

In general, disobeying a court order means disobeying any order made by a court or by any person or body authorized to make such a decision by provincial or federal law or statute. It is not uncommon for a court order to be disobeyed to be laid as a charge only if there is no other alternative and appropriate charge.


According to section 127(1) of the Criminal Code, this offence is a hybrid offence, which means that the Crown has the option to either proceed summarily (which is a less serious category of criminal offences) or to proceed indictably (which is a more serious category of criminal offences).

Breach of Court Orders: Defences


There are many common defences to disobeying a court order, but as not every case is the same and hence, not all defences apply to every case, here are some common defences to disobeying a court order:


  • Alternative Act argument
  • Applicable Charter defences
  • Lawful excuse
  • Lack of mens rea


Frequently Asked Questions


Here are answers to some common questions. 


Breach of Court Order

  • In Canada, what is the penalty for disobeying a court order?

    Indictment charges (more serious categories of criminal offences) can result in up to 2 years imprisonment for disobeying a court order. 


    Summarily charged charges can result in up to 2 years less a day imprisonment (less serious categories of criminal offences). 


    All prospective sentencing dispositions are available to a court for deciding whether to impose a penalty for disobeying a court order.


  • Is it possible to go to jail for disobeying a court order?

    In a nutshell, the answer is yes. The punishment for disobeying a court order may include imprisonment, but it is not a mandatory punishment for disobeying a court order. 


    As a result, one of our paralegals will be able to review your case and inform you, based on the facts of your case, whether or not you are likely to be jailed for disobeying a court order as outlined under section 127 of the Criminal Code.


  • Is it a serious offence in Canada to disobey a court order?

    Disobeying a court order is included under Offences Against the Administration of Justice in the Criminal Code. A court order is a ruling by a judge or justice of the peace, setting out what you must do. 


    These orders can be made in any court. For example, a family court judge could order you to pay child support. In addition, a criminal court judge could order you to appear for trial on a certain day.


    According to the Criminal Code, anyone who, without a lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act can be found guilty of:

    • An indictable offence and liable to imprisonment for two years; or
    • An offence is punishable by summary conviction.

Share by: