What are Court Orders?​

This article is a brief and general overview about breaching Court Orders. A court order is a legal ruling or decision made by a judge or justice of the peace which states what a person can or cannot do for a period of time. 

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What happens if you breach a court order?​

Under section 127 of the Criminal Code of Canada, if a person disobeys a court order without having a lawful excuse, then they can be charged with a criminal offence. 

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What are some examples of Court Orders?​

Some examples of Court Orders include: 

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a) A peace bond

b) A bail order

c) A probation order

d) A conditional sentence order

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What are the legal elements needed to prove a breach of a court order?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 

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​​In this case, the elements of breaching a court order are:

a) That the you (the accused) disobeyed a lawful court order;

b) That you did not have a lawful excuse to disobey the court order;

c) That you intended to disobey a court order; and

d) That the order was for payment other than money. 

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What are some possible defences for breaching a court order? 

Some of the most common defences for breaching a court order including arguing that:

1. You (the accused) did not know you had that condition;

2. The court order was impossible to comply with

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What are the penalties for breaching a court order? ​

For this charge, there is no mandatory minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. Depending on how the Crown chooses to proceed, they can either charge you summarily or by indictment. The Crown usually makes the decision on how to best charge you based on the facts of your case. If the Crown elects to proceed summarily, then the maximum penalty is up to 2 years less a day imprisonment and/or with a $5,000 fine. However, if the Crown chooses to proceed by indictment, then the maximum penalty is 2 years imprisonment. ​

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Common FAQs: ​

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1. What do you do if you have been charged with a breach of a court order? ​

If you have been charged with a breach of a court order by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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