Legal Question in Criminal Law in Canada

Criminal Code of Canada sec.127 (1)

I believe it is not necessarily a crime to breach a civil order made in respect of, Minutes of Settlement, and that the appropriate remedy is to bring an action before the civil court which made the order. I think this is in accordance with the section of 127 (1) of the Criminal Code of Canada that states, ''...every one who disobeys a court order...''...''is, unless a punishment or other mode of proceedings is expressly provided by law, guilty of...'' The civil ''mode'' seems to be more sensible and less demanding on the taxpayer and I think a contempt order under Rule 60 of the Ontario Civil Practice was meant to reduce the load on the Criminal Courts. Am I correct in concluding that the Police have no right to arrest and/or prosecute without at least waiting to see if the civil courts rule that there was a breach?


Asked on 6/30/05, 11:31 am

1 Answer from Attorneys
Ron Jourard Criminal Lawyer Ron Jourard

Re: Criminal Code of Canada sec.127 (1)

The cases appear to cut both ways: for example, see Regina v. Fairchuk reported at 173 C.C.C. (3d) 503 and contra R. v. Mulhall, [2001] O.J. No. 5237 (QL).

Ron Jourard

toll free 1-888-257-0002

[email protected]

Read more
Answered on 6/30/05, 11:52 am


Related Questions & Answers

More Criminal Law questions and answers in Canada