Procedural & Post-Conviction
Peace Bond Lawyer in Canada
A peace bond lawyer acts in proceedings governed by Criminal Code, s. 810 and the common law recognizance. This page sets out what the proceeding involves, the legal test that applies, the outcomes a court can order and how counsel can help, then lists criminal defence firms you can contact.
Criminal Code, s. 810 and the common law recognizance·Criminal procedure
What Peace Bonds involve in Canadian criminal procedure
A peace bond is a court order requiring a person to keep the peace and be of good behaviour and to comply with specified conditions, usually for up to twelve months. The general form is found in section 810 of the Criminal Code, with specialised versions in sections 810.01, 810.011, 810.1 and 810.2 for organised crime, terrorism, offences against children and serious personal injury offences.
A section 810 peace bond is not a conviction and does not create a criminal record. The person entering into it is not required to admit the underlying allegation, only to acknowledge that the informant has reasonable grounds for the fear. That is why a peace bond is frequently negotiated as the resolution of an assault, threatening or harassment charge.
The court must be satisfied that the informant has reasonable grounds to fear that the defendant will cause personal injury to them, their partner or child, or will damage their property. If the defendant refuses to enter into the recognizance, the court may commit them to prison for up to twelve months.
The legal test
- An information laid before a justice setting out the fear
- Reasonable grounds for the informant's fear of injury or property damage
- The fear is objectively reasonable in the circumstances, not merely subjectively held
- Conditions that are reasonable and connected to the identified risk
- A term not exceeding twelve months under section 810, or up to two years for the specialised forms
Possible outcomes
- Conditions such as no contact, no attendance at specified places, and weapons prohibitions
- A pledged sum that may be forfeited on breach
- A separate criminal charge under section 811 for breaching the recognizance, which is a hybrid offence
- Committal to prison for up to twelve months if the defendant refuses to enter into the bond
- A record of the order that may appear on police information checks even though it is not a conviction
How counsel can help
- Contesting the reasonableness of the informant's fear at a hearing
- Negotiating narrower conditions that address the risk without unnecessary restrictions
- Seeking a shorter term than the twelve-month maximum
- Where the peace bond resolves a charge, ensuring the charge is withdrawn on the record
- Applying to vary conditions where circumstances change
- Clarifying on the record that no admission of the underlying allegation is being made
Peace bond lawyer: frequently asked questions
- Is a peace bond a criminal record?
- A peace bond is not a conviction and does not create a criminal record. It can, however, appear on some police information checks while it is in force, and it is recorded in police databases, which is worth raising with counsel if travel or employment screening is a concern.
- Do I have to admit the allegation to enter into a peace bond?
- No. The defendant acknowledges that the informant has reasonable grounds for their fear. That is not an admission that the alleged conduct occurred, which is precisely why a peace bond is an attractive resolution to a contested charge.
- What happens if I breach a peace bond?
- Breach of a recognizance is a separate criminal offence under section 811, and unlike the peace bond itself, a conviction for breach does create a criminal record. The pledged amount may also be forfeited through estreatment proceedings.
Find a peace bond lawyer
These criminal defence firms handle Criminal Code matters and can advise on Peace Bonds matters. Confirm the scope of a firm’s practice before retaining counsel.
Peace Bonds lawyers by province