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It is a criminal offence to fail to comply with a court order. This principle is outlined in Section 145 of the Criminal Code, which defines six criminal offences that are considered offences against the administration of justice. These offences predominantly apply to individuals accused of failing to comply with a court order.
Each outlined offence carries a maximum penalty of 2 years imprisonment if the Crown chooses to proceed by indictment. The court views these six hybrid offences with absolute seriousness. If the Crown attorney opts to proceed by way of indictment, each offence could potentially result in a maximum sentence of a two-year custodial sentence.
The act of escaping lawful custody, as per clause 145. (1), is considered a crime. This applies to anyone who manages to escape from lawful custody or, prior to completing a term of imprisonment, roams at large either in or out of Canada without lawful excuse. In such cases, the burden of proof lies with the accused, who is liable to be found guilty of an indictable offence or held accountable for an offence punishable by summary conviction, with potential imprisonment for a term not exceeding two years.
Equally, failing to attend court presents a legal issue. For instance, whoever is at large following their undertaking or recognizance given to or entered into before a justice or judge, but fails to attend court in accordance with the said undertaking or recognizance without a lawful excuse, is criminally liable. Additionally, anyone who initially appears before a court, but subsequently fails to attend in accordance with court directions, or voluntarily surrenders in line with the court's orders, can be charged with an indictable offence or with a punishable offence on summary conviction including up to two years imprisonment.
Similarly, failure to comply with conditions of undertaking or recognizance is addressed by 145. (3). This clause applies to anyone bound to comply with conditions of an undertaking or recognizance or compelled to comply with directives under subsection 515(12) or 522(2.1) or an order under subsection 516(2), who fails to comply without lawful excuse. Such an offender can be tried for an indictable offence or a summarily punishable offence, both leading potentially to a two-year imprisonment term.
"Failure to appear or to comply with summons" clause 145. (4) indicts anyone served with a summons, who then fails to appear at a stipulated time and place or attend court, as summoned, for the purposes of the Identification of Criminals Act. If found guilty, the offender could face an indictable offence or a penalty on summary conviction, which could entail up to two years of incarceration.
The clause, "Failure to comply with appearance notice or promise to appear" (145. (5)), holds responsible anyone named in an appearance notice or who promises to appear, or in a recognizance before an officer in charge or another peace officer, who fails to follow through. If this promise has been confirmed by a justice under section 508, and the person fails to present oneself at the specified time and place for the purposes of the Identification of Criminals Act or doesn't attend court as required, they are guilty of an indictable offence or can be liable for an offence punishable on summary conviction.
Finally, the failure to comply with the conditions of an undertaking, as per provision 145. (5.1), refers to anyone that fails to meet any condition of an undertaking pursuant to subsection 499(2) or 503(2.1), without an acceptable excuse. Such an individual can be convicted of an indictable offence, or held to an offence punishable on summary conviction.
