Peace bonds are a means to ensure amicability between the parties. They are beneficial to an accused as the criminal charges are withdrawn once they enter into a Peace Bond. This type of resolution requires Crown consent and involves the accused being placed on a recognizance for a set period of time (usually 12 months). During this time, the accused will be forced to abide by a set of conditions (often counselling).
In Canada, two main Peace Bond variations exist. One variation is the common law Peace Bond, typically used in smaller communities such as rural towns. However, the most common peace bond is a section 810 Peace Bond (also known as a statutory peace bond) employed by larger municipalities such as Calgary and Edmonton. These peace bonds are often negotiated by domestic assault lawyers in cases where both parties want to avoid the complexities and emotional toll of a criminal trial.
Peace bonds help, as their name implies, to keep the peace. They are essentially an agreement between you and the court that ensures the safety of personal property and other people. Keep reading to learn more about the two types of Canadian peace bonds. Keep reading to learn more about the two types of Canadian peace bonds and how experienced criminal defence lawyers like Batting, Wyman Barristers can assist.
Common Law Peace Bond
With a common law Peace Bond, the accused does not have to instill a current or continuous fear in the complainant. However, to obtain a common law Peace Bond, there must be sufficient evidence that the accused will disrupt the peace should such an order not be made. A common law Peace Bond is typically employed in rural courthouses (Canmore, Airdrie, Strathmore, etc.) due to police officers being less available to survey complainants for fear and swear details in court.
Entering a common law Peace Bond is easier than entering a section 810 Peace Bond. The process begins when the accused arrives in court, and the prosecutor notifies the judge of a concern that they [the accused] might breach the peace. The accused approves, and the judge then produces the Order for the accused to enter the Peace Bond. At this point, the accused signs a recognizance as the criminal charges are dropped.
Settling criminal charges via a Peace Bond is an exceptionally practical solution. Nothing is guaranteed at trial, regardless of the strength of an accused’s case. Therefore, to bypass the expense and anxiety of a trial and to ensure the removal of the charges, it’s beneficial in numerous instances to agree to and enter a Peace Bond.
Section 810 Peace Bond (Statutory Peace Bond)
A section 810 Peace Bond under the Criminal Code involves quite a different process. Pursuant to section 810, there must be a new information layer that alleges that there are reasonable grounds to believe that the accused will cause personal injury to them or their intimate partner/child. A justice who obtains this information and believes this fear-based evidence is objectively reasonable will mandate the accused to enter a recognizance for a set period of time.
The Peace Bond also includes a “no cash deposit” for a specified quantum. For example, if the accused is placed on a $3,000 no-cash deposit recognizance, the accused does not have to pay this sum immediately; however, should they breach its terms, the State could seek compensation for this amount. Thus, it is a further incentive for the accused to abide by the conditions of the peace bond.
The 810 Peace Bond variation is generally used in domestic disturbances where the Crown arranges to withdraw the criminal charges if the accused enters a Peace Bond agreement. Often, such arrangements are coupled with the accused’s obligation to manage their conduct via counselling. Typically, requirements linked to the Peace Bond include no alcohol consumption, therapy/counselling, and regular probation officer check-ins.
The process for entering a section 810 Peace Bond includes having an officer communicate with the complainant, asking about any continued anxieties associated with the accused. If ongoing fear exists in the complainant, the officer will swear an information document and present it to the judge for review.
Understanding the Different Peace Bonds in Canada
With a more in-depth understanding of what each Peace Bond entails, you won’t be left in the dark or caught off guard should you face such a circumstance. At Batting, Wyman, we are a team of top criminal lawyers in Calgary. We have represented people from all walks of life, from investment bankers to professional athletes and everything in between.
Consequently, if you’re caught in a legal dispute and need assistance, we’re here to help. Contact us today for a free consultation to see how we can assist you with getting your life back together.
Peace Bond FAQ’s
Can a Peace Bond result in a criminal record?
A Peace Bond won’t result in a criminal record. It’s not considered a criminal conviction and won’t show up on your criminal history. In most cases, a Peace Bond is part of an agreement with the Crown, where your criminal charge(s) are withdrawn once you agree to the terms of the Peace Bond. This resolution can be a positive step, as it allows you to move forward without the burden of a conviction while still addressing the concerns of the situation.
Can a Peace Bond be a positive thing?
A Peace Bond can be a practical and effective way to resolve certain charges, like simple assault or domestic assault. It can help you avoid the cost, stress, and uncertainty of going to trial. However, it’s important to understand that just because you’ve been charged, it doesn’t automatically mean you’re entitled to a Peace Bond—even if it’s your first offence or the situation seems minor.
Negotiating a Peace Bond requires working with the Crown Prosecutor’s office, and having an experienced lawyer by your side can make all the difference in achieving a positive outcome.
How can I obtain a Peace Bond?
A Peace Bond isn’t something you’re automatically entitled to or something you can simply request from a judge. It has to be negotiated with the Crown Prosecutor. If the Crown agrees, you’ll typically enter into a Peace Bond in exchange for having your charges withdrawn.
At Batting, Wyman Barristers, our criminal defence lawyers have successfully helped many clients resolve their cases through Peace Bonds. This allows them to move past their criminal charges and get on with their lives. While you always have the right to go to trial and have the Crown prove the case against you beyond a reasonable doubt, a Peace Bond can be a practical way to shorten your time in the criminal justice system and reduce the stress of the process.
What are Section 810 Peace Bonds?
A Section 810 Peace Bond involves a police officer appearing before the court, alongside you and the Judge, to swear under oath that there are reasonable grounds to believe you might commit an offence if certain conditions aren’t put in place. This type of Peace Bond can last up to 12 months. While Section 810 Peace Bonds are less common than common law Peace Bonds, largely due to the requirement for a police officer to attend court in person, some judges prefer to proceed exclusively with Section 810 Peace Bonds in certain cases.
What are Common law Peace Bonds?
A Common Law Peace Bond requires you to acknowledge to a Judge that there is a genuine risk you might breach the peace, but with certain conditions in place, that risk can be mitigated. These peace bonds function similarly to Section 810 Peace Bonds, but they can last longer than 12 months.
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