If you’ve been offered a peace bond in Canada, you probably have questions about how the process works and what the benefits and drawbacks are for you. Learning what’s involved will help you make a sound decision about whether you should consent to enter into the peace bond.
Key Takeaways
- Agreeing to a peace bond helps you avoid a criminal conviction. They are meant to be preventative rather than punitive.
- Basic requirements of a peace bond are to keep the peace and follow set conditions, usually for 12 months or less.
- Benefits of accepting a peace bond include avoiding a criminal record and resolving matters quickly, while drawbacks involve restrictions on your movements and who you can contact, as well as admission of responsibility.
- Breaching a peace bond is a criminal offence that can result in fines, jail time, or stricter conditions.
- Peace bonds are not the same as restraining orders: they are shorter, tied to criminal court rather than family court, and have different enforcement mechanisms.
- A criminal lawyer can help you make the right decision by explaining your options, negotiating terms, and protecting your rights.
What is a Peace Bond in Canada?
In Canada, a peace bond is a court order that requires a person to “keep the peace and be of good behaviour” for a specified period. A peace bond can include additional conditions, such as staying away from a person or place, refraining from drug use and weapons ownership, or reporting to authorities at regular intervals.
What Does it Mean to Keep the Peace and Be of Good Behaviour?
A peace bond in Canada always includes this requirement, which can make it sound very restrictive. However, it doesn’t mean that you have to be a model citizen; it just means that you can’t disturb the peace or break any laws. Disturbing the peace includes actions like getting into a shouting match or fight, obstructing others from going about their daily business, or firing a gun in a residential area.
Who Can Impose a Peace Bond in Canada?
A peace bond can only be imposed by the court (i.e. a judge or a justice of the peace). The Crown (the prosecution) can propose a peace bond where a criminal charge is involved, and any member of the public can apply for one if they have reasonable grounds to fear harm from another person.1
Is a Peace Bond the Same as a Guilty Plea?
No. A peace bond in Canada does not require admitting to the allegations. Although entering into a peace bond means acknowledging some level of responsibility, it doesn’t result in a criminal conviction.
What is the Process of a Peace Bond?
The process of imposing and accepting a peace bond in Canada depends on whether the process is started by the Crown or by an application by a civilian.
If the process is initiated by the Crown, the Crown drafts proposed conditions, and the court reviews them to decide if the conditions are appropriate. The Crown withdraws the charges if the accused agrees to enter into the peace bond.2 The person is then bound by the peace bond until it expires.
If the peace bond is initiated by a private individual, that person applies to the court and swears a statement as to the facts of the situation. A summons is then served on the other person. If the accused person consents to the peace bond, the court orders it. If the person does not consent, a hearing is held in which both sides present their evidence. Depending on the outcome, the court could dismiss the application or impose the peace bond with or without conditions.
Note that if you are seeking a peace bond, you can do so directly through your local police department or through a court.3 You don’t need a lawyer, although it can be helpful for assembling evidence and filling out your complaint.
Benefits and Drawbacks of Accepting a Peace Bond in Canada
Before deciding whether to enter into a peace bond, review the pros and cons.
Benefits of Accepting a Peace Bond
A peace bond in Canada can be a good way to resolve a conflict quickly and without undue consequences. Agreeing to a peace bond has these advantages:
- Avoiding a criminal conviction, which means you won’t have to pay fines, serve jail time, or be on probation.
- No criminal record, which keeps your background check clean so that it doesn’t affect travel or employment opportunities.
- Faster resolution of your case, which comes with lower legal expenses, and quicker certainty about the outcomes and how they might affect you.
Drawbacks of Accepting a Peace Bond
Agreeing to a peace bond also comes with disadvantages, including:
- Admission of responsibility. If the peace bond comes via an application by another civilian, you are admitting that the complainant’s fears are reasonable in the situation.
- Restrictions on your freedom could affect your daily life, limiting where you can go, what activities you can engage in, and whom you can contact while the peace bond is in effect.
When deciding on whether to enter into a peace bond, a criminal lawyer can run through your options with you and help you make the right decision given the circumstances.
Breaching a Peace Bond
Breaching a peace bond in Canada is a criminal offence that can have severe consequences4, including fines of up to $5,000, imprisonment for up to four years and additional restrictive conditions. Note that a breach is a separate criminal offence from the original charge, which is normally withdrawn when you enter into the peace bond.
What is a Mutual Peace Bond?
A mutual peace bond is an arrangement in which both parties agree to peace bond conditions. Rather than being one court order, a mutual peace bond consists of a separate recognizance for each party. The orders can have different terms for each person.
Mutual peace bonds are complex and can be used by one of the parties in bad faith. Do not agree to a mutual peace bond without the advice of a criminal lawyer.
What Is a Peace Bond vs Restraining Order
Although they’re often confused, a peace bond is different from a restraining order. A peace bond in Canada is imposed by a criminal court. Peace bonds are time-limited, usually 12 months or less, and breaches are charged under the Criminal Code of Canada.
In contrast, a restraining order is a family court or civil court order. Restraining orders have a lower burden of proof than peace bonds, but can last much longer, potentially indefinitely. They are typically enforced using criminal or civil procedures, depending on the province.
Should You Agree to a Peace Bond: Deciding Factors
After reviewing the benefits and drawbacks of agreeing to a peace order in Canada, you may still have questions about whether the decision is right for you. Here are some additional factors to consider:
Strength of the Crown’s Case
If you have been charged with an offence but the evidence against you is weak, it could be worth fighting the charges.
Impact on Your Life
How would the conditions of the peace bond affect your daily life, relationships, work, and family? Could your professional designations be affected? Investigate and evaluate these impacts carefully before consenting.
Effect on Other Legal Matters
Could accepting a peace bond in Canada be used against you in other legal matters? Consider both criminal and civil cases.
Agreeing to a peace bond is not a decision you should enter into lightly. Consulting with an experienced criminal lawyer to review all your options prior to your court date.
How a Criminal Lawyer Can Help with Your Peace Bond
A criminal lawyer can be an invaluable resource when you’re making a choice about entering into a peace bond. Here’s how they can help:
- Evaluating the Crown’s case against you.
- Mapping out the implications of the conditions so you understand how they could affect your life.
- Helping you assess your likelihood of complying with the conditions.
- Identifying and negotiating more workable conditions and ensuring conditions are clearly spelled out.
- Ensuring court records are correct and precise.
- Assisting you with your criminal case if you breach the peace bond.
If you’re offered a peace bond in Canada, the team at Zamani Law stands prepared to assist you with the entire process, including the decision of whether to accept the peace bond. Led by highly experienced criminal lawyer Farid Zamani, Zamani Law understands the complexities of the peace bond process and how to minimize the impact on your life.
Contact Zamani Law today for a free consultation.
About the Author
Farid Zamani is the founder of Zamani Law, a GTA-based criminal defence firm committed to protecting clients’ rights with professionalism and compassion. After earning his law degree at Buckingham Law School in the U.K., Farid worked at Daley Byer Criminal Law for 12 years before launching his own firm. Farid is skilled in all areas of criminal law and has built a strong reputation for his adeptness in navigating complex cases and achieving successful outcomes. Dedicated to the community, Farid is the cofounder of the non-profit Children Without Borders and has contributed to many other charitable organizations.
References
1 https://laws-lois.justice.gc.ca/eng/acts/C-46/section-810.html
3 https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html
4 https://laws-lois.justice.gc.ca/eng/acts/c-46/section-811.html
