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A peace bond is a court order requiring a specific individual to “keep the peace and be of good behaviour”. A peace bond is not a conviction and it will not appear on your criminal record. However, a peace bond can restrict your liberty.
Sometimes, in addition to requiring that the recipient “keep the peace and be of good behaviour”, a peace bond will also set out specific conditions intended to protect a person or a specific type of property. Generally speaking, a s. 810 peace bond is Canada’s version of a “restraining order”.
The most common conditions contained in peace bonds require that the recipient not be within a specific distance of a particular person or that person’s family, refrain from going near a person’s property, not communicate with a specified person or that person’s family, and/or that the recipient not be in possession of any weapons or firearms. A peace bond can be issued either under s. 810 of the Criminal Code or under the common law. Section 810 Peace bonds.
Section 810 allows any individual to apply to the court for a peace bond against any individual whom they reasonably believe poses a threat to their personal safety, the safety of their spouse or child, or their personal property.
An application can be made at any time and it is not necessary for the applicant to initiate criminal proceedings against the potential recipient. The main requirement is that the applicant fears, on reasonable grounds, that the potential recipient may hurt the applicant, in some way. This includes not only physical harm but also harm of a sexual nature and damage to property. Section 810 specifically requires that the applicant’s fear be based on “reasonable grounds”.
A judge will determine whether the applicant’s fear is reasonable on a case-by-case basis taking into account several factors such as any threats made by the potential recipient, any past violent behaviour on the part of the potential recipient towards the applicant or others, the relationship between the applicant and the potential recipient, and any other relevant factor.
If the judge is satisfied that it is more likely than not that the potential recipient poses harm to the applicant, the judge will order that the defendant enter into a peace bond to keep the peace and be of good behaviour.
Once the judge is satisfied that a s. 810 peace bond should be issued, i.e., that if the recipient poses a threat to the applicant in some way, he or she is obligated to consider including conditions limiting the recipient's ability to interact with the applicant, communicate with the applicant, or possess any weapons or firearms.
Section 810 also includes special rules for applicants who reasonably fear that another individual may commit an act of terrorism, a sexual offence against the applicant, or inflict serious personal injury to the applicant. Common Law Peace bonds
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A common law peace bond, on the other hand, can only arise in the context of a criminal trial. Every judge has what is known as a “common law power” to order that a defendant enter into a peace bond. Thus, even if a judge is not satisfied beyond a reasonable doubt that a defendant in a criminal matter is guilty, that judge may issue a peace bond against the defendant to protect the complainant from any future harm or retaliation for laying criminal charges.
In situations like this, the peace bond is not a finding of guilt and will not appear on the defendant’s criminal record. In minor cases, the Crown Attorney’s office may withdraw a charge in exchange for the defendant agreeing to enter into a peace bond. However, according to the Crown Policy Manual, the Crown Attorney’s Office will agree to a peace bond as an acceptable remedy for domestic abuse only in “the most unusual of circumstances”.
A section 810 peace bond can be issued for a maximum of one year, while the duration of a common law peace bond is at the discretion of the court. The conditions contained in the peace bond can be relaxed at any time during the life of the peace bond.
A criminal defence lawyer can help you negotiate with the Crown Attorney’s Office to relax the terms of either type of peace bond. If a peace bond is ordered against you and you refuse to enter into the peace bond (by refusing to sign it) you can be charged under the Criminal Code and liable to 12 months imprisonment. Failing to comply with the conditions of a peace bond is also a criminal offence.
