What Is a Peace Bond?

Avi Baratz
(416) 937-3777 avi@baratzlaw.com

In the Canadian legal system, peace bonds are a tool that can be used to prevent future harm or criminal behavior. Unlike criminal charges, peace bonds are not a finding of guilt but rather a preventive measure that aims to protect an individual who fears for their safety. As a criminal lawyer, I have seen both sides of the peace bond process—those seeking protection and those who have been ordered to enter into a peace bond. Understanding how peace bonds work, and their legal implications, is essential for anyone involved in such a situation.

What is a Peace Bond?

A peace bond is a court order that requires an individual (the defendant) to keep the peace and be of good behavior. It is often sought by someone (the applicant) who believes they are at risk of harm from the defendant. The peace bond can include specific conditions, such as staying away from certain individuals or places, refraining from possessing weapons, or avoiding any form of contact with the applicant.

There are two main types of peace bonds:

1. Section 810 Peace Bond: This is the most common type, which is issued under Section 810 of the Criminal Code of Canada. It is used when there is a reasonable fear that someone will cause personal injury, commit a crime, or damage property. This type of peace bond can last for up to 12 months and can be renewed if necessary.

2. Common Law Peace Bond: These are less common and typically issued in cases where no specific criminal law applies, but a person still fears for their safety or the safety of others.

How is a Peace Bond Obtained?

A peace bond is typically requested by someone who believes they are at risk of harm. They must demonstrate to the court that they have a reasonable fear of injury or damage from the defendant. If the court is satisfied that the fear is reasonable, it can order the defendant to enter into a peace bond, even if they have not committed any criminal offense.

The defendant has the option to consent to the peace bond, in which case no trial is necessary. However, if they refuse, a hearing will be held where both sides present evidence, and the court will decide whether the bond is warranted.

What Are the Legal Implications of a Peace Bond?

Entering into a peace bond does not result in a criminal conviction. However, failing to comply with the terms of the peace bond can lead to criminal charges. For example, if a defendant is ordered to avoid contact with a specific person and violates that order, they could face serious legal consequences, including arrest and criminal prosecution.

Additionally, peace bonds can have practical implications for the defendant, especially if the terms are restrictive. For instance, a peace bond that includes a no-contact provision can complicate family or work situations, while conditions prohibiting the possession of firearms could affect someone’s employment or hobbies.

It’s important to note that while a peace bond does not create a criminal record, it can still show up in background checks, which may impact future employment or travel opportunities.

Get Legal Advice with Avi Baratz

If you have been asked to enter into a peace bond or are considering applying for one, the legal process can be complex and confusing. Whether you are seeking protection or defending yourself against a peace bond application, it is essential to have a knowledgeable criminal lawyer on your side. Avi Baratz has extensive experience handling peace bond cases and can guide you through every step of the process. Don’t navigate the legal system alone—contact Avi Baratz today to get the expert legal advice you need.