Peacebonds
Peace Bonds
Summary
In Canada, a peace bond is a court order that requires an accused to comply with specific conditions for a set period of time.
A peace bond is neither a finding of guilt nor an admission of guilt. Signing a peace bond does not result in a criminal record.
Peace bonds are often confused with "restraining orders." A restraining order, issued by a family court judge, is intended to protect a spouse or family member following a complaint of family violence. Unlike a peace bond under the Criminal Code, a restraining order does not require the complainant to show fear of the accused.
Types of Peace Bonds
There are two types of peace bonds in Canada: statutory peace bonds under section 810 of the Criminal Code and common law peace bonds.
Section 810 peace bonds can be issued when a person has reasonable grounds to believe that an accused will cause harm to them or someone they know.
The key difference between statutory peace bonds and common law peace bonds is that, for a statutory peace bond, the complainant must have an ongoing fear of the accused.
Common law peace bonds have a broader scope. They can be implemented when there is a reasonable basis to believe the accused may breach the peace, not necessarily against a specific individual. Since fear is not a requirement for a common law peace bond, it can be used in cases where the complainant and accused wish to reconcile and maintain a relationship.
Who Can Get a Peace Bond
A peace bond can be sought by a complainant who fears that an accused may commit a violent offence against them or by an accused as a means of resolving criminal charges.
If the complainant requests a peace bond, they can apply through the police or directly to the court, and a hearing will be scheduled in Provincial Court.
An accused may also seek a peace bond to resolve pending criminal charges. Once the accused signs the peace bond, the charges may be withdrawn, and no criminal record will be issued. To obtain a peace bond in this case, the Crown Prosecutor must be convinced that it is an appropriate way to address the criminal matter.
Peace Bond Hearing
During the hearing, a judge will review the evidence to determine whether a peace bond is reasonable in the circumstances.
If you disagree with the implementation of a peace bond, you will have the opportunity at the hearing to present reasons why the order should not be granted. Alternatively, if you accept the need for a peace bond but disagree with certain conditions, you can make submissions to argue against specific terms.
If the judge finds that a peace bond is justified, you will be required to sign it. Refusing to sign after the court has ordered it could result in a prison sentence of up to one year.
Common Peace Bond Conditions
The conditions of a peace bond may include:
- Keeping the peace and being of good behaviour
- Abstaining from drugs and alcohol
- Reporting to a probation officer and submitting to drug and alcohol testing as required
- Avoiding contact with the person(s) protected by the order
- Staying a certain distance from the complainant’s home or workplace
Breach of Peace Bond Conditions
Once a peace bond is in place, you must comply with its conditions. Failure to do so is a criminal offence. If convicted of breaching a peace bond, you could face a sentence of up to four years in prison.
Peace Bonds
Summary
In Canada, a peace bond is a court order that requires an accused to comply with specific conditions for a set period of time.
A peace bond is neither a finding of guilt nor an admission of guilt. Signing a peace bond does not result in a criminal record.
Peace bonds are often confused with "restraining orders." A restraining order, issued by a family court judge, is intended to protect a spouse or family member following a complaint of family violence. Unlike a peace bond under the Criminal Code, a restraining order does not require the complainant to show fear of the accused.
Types of Peace Bonds
There are two types of peace bonds in Canada: statutory peace bonds under section 810 of the Criminal Code and common law peace bonds.
Section 810 peace bonds can be issued when a person has reasonable grounds to believe that an accused will cause harm to them or someone they know.
The key difference between statutory peace bonds and common law peace bonds is that, for a statutory peace bond, the complainant must have an ongoing fear of the accused.
Common law peace bonds have a broader scope. They can be implemented when there is a reasonable basis to believe the accused may breach the peace, not necessarily against a specific individual. Since fear is not a requirement for a common law peace bond, it can be used in cases where the complainant and accused wish to reconcile and maintain a relationship.
Who Can Get a Peace Bond
A peace bond can be sought by a complainant who fears that an accused may commit a violent offence against them or by an accused as a means of resolving criminal charges.
If the complainant requests a peace bond, they can apply through the police or directly to the court, and a hearing will be scheduled in Provincial Court.
An accused may also seek a peace bond to resolve pending criminal charges. Once the accused signs the peace bond, the charges may be withdrawn, and no criminal record will be issued. To obtain a peace bond in this case, the Crown Prosecutor must be convinced that it is an appropriate way to address the criminal matter.
Peace Bond Hearing
During the hearing, a judge will review the evidence to determine whether a peace bond is reasonable in the circumstances.
If you disagree with the implementation of a peace bond, you will have the opportunity at the hearing to present reasons why the order should not be granted. Alternatively, if you accept the need for a peace bond but disagree with certain conditions, you can make submissions to argue against specific terms.
If the judge finds that a peace bond is justified, you will be required to sign it. Refusing to sign after the court has ordered it could result in a prison sentence of up to one year.
Common Peace Bond Conditions
The conditions of a peace bond may include:
- Keeping the peace and being of good behaviour
- Abstaining from drugs and alcohol
- Reporting to a probation officer and submitting to drug and alcohol testing as required
- Avoiding contact with the person(s) protected by the order
- Staying a certain distance from the complainant’s home or workplace
Breach of Peace Bond Conditions
Once a peace bond is in place, you must comply with its conditions. Failure to do so is a criminal offence. If convicted of breaching a peace bond, you could face a sentence of up to four years in prison.
