Understanding Peace Bonds in Canada
If you have been charged with a criminal offence in Canada, your lawyer may suggest a peace bond as an alternative to proceeding to trial. It provides a favourable outcome: no conviction, no jail time, and a quicker resolution. However, peace bonds are more than just a compromise. Before agreeing to one, it is critical to understand what they are, how they function, and what risks they carry.
Table of Contents
What is a Peace Bond?
A peace bond is a court order, issued under the “common law” or under section 810 of the Criminal Code, that requires an individual to abide by specific conditions and “keep the peace and be of good behaviour” for a fixed period, usually 12 months. You do not plead guilty, and the Crown will withdraw the criminal charge as part of
the resolution.
Agreeing to a peace bond is not symbolic. It is a binding legal commitment enforced through the criminal justice system. Conditions often include no contact with named individuals, staying away from certain places, and refraining from possessing weapons. Breaching the terms is a criminal offence and may lead to new, more serious charges.
Peace bonds are commonly used in cases involving allegations of domestic violence, criminal harassment, uttering threats, and the like. The Crown may offer one when the evidence may not be strong, but the circumstances still warrant
protective conditions. A peace bond can be proposed as a defence resolution after formal charges are laid.
Does a Peace Bond Mean I’m Guilty?
No. Accepting a peace bond is not an admission of guilt of a crime. That said, it does require admitting having caused fear of potential violence or a “breach of the peace.”
Even without a conviction, a peace bond could appear in certain police background checks or vulnerable sector screenings for a period of time. They may be relevant in immigration matters or family law proceedings, particularly in custody and parenting disputes. The peace bond may be referenced in those kinds of related legal matters.
In short, while you are not pleading guilty, you are entering into a civil agreement that carries legal implications.
Should You Agree to a Peace Bond?
It depends on the circumstances. In most cases, a peace bond offers a way to resolve your criminal matter without the stress, cost, and uncertainty of trial. It avoids the risk of conviction and provides closure, particularly in emotionally charged situations.
However, if you have a strong defence and dispute the allegations, accepting a peace bond will not fully clear your name. Additionally, if the conditions are restrictive, they could interfere with your work, daily life, or parenting responsibilities.
This is why legal advice is essential. A defence lawyer can evaluate the strength of the evidence, the Crown’s intentions, and the broader legal implications, helping you to make an informed choice.
What Happens If You Breach a Peace Bond?
A peace bond is a court order, and any breach of its conditions can lead to new charges under the Criminal Code. A conviction for breaching will result in a permanent criminal record and carry penalties including jail, probation, or fines.
Breaches are common in cases involving ongoing personal conflict, such as between ex-partners or relatives. A text message or being seen by someone might trigger an arrest. Once a violation is reported, the police may decide to lay new charges.
How Shim Law Can Help:
At Shim Law, our Calgary-based criminal defence lawyers have successfully helped clients resolve their difficult legal matters through peace bonds when appropriate.
We will:
- Evaluate whether a peace bond is a resolution option for your case.
- Negotiate with the Crown to seek the least restrictive terms for it.
- Ensure the conditions protect your rights and long-term interests.
- Represent you in court if a peace bond is alleged to be breached.
Do not agree to anything until you speak with a lawyer. What seems like a solution can still have effects on your freedom, your reputation, and with other legal matters.
Call Shim Law at (825) 521-9666 to request a confidential consultation.
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