In Canada, a peace bond is a legal order issued by a court to ensure the peace and security of individuals. It is typically used when there are reasonable grounds to believe that someone may commit a criminal offense, but there isn’t enough evidence to lay charges. A peace bond is essentially a preventive measure aimed at protecting potential victims.
To obtain a peace bond, a person (the “informant”) must provide information to the police or a court, demonstrating that they fear for their safety due to another person’s behavior. If the court finds the fear to be reasonable, it can impose conditions on the person causing the concern (the “defendant”), such as keeping the peace, maintaining good behavior, and staying away from certain individuals or locations.
Having a peace bond does not result in a criminal conviction, and it is not considered a criminal offense. Therefore, it generally does not appear on a person’s criminal record. However, the existence of a peace bond may be recorded in the court’s records and can be accessed by law enforcement agencies and certain government entities. Peace bonds will show up on vulnerable sector checks for the duration the peace bond is live. While it may not be a criminal record per se, it could still have implications in various situations, such as employment background checks or security clearances.
There are two main types of peace bonds: a common-law peace bond and a peace bond under Section 810 of the Criminal Code.
Common-Law Peace Bond:
This type of peace bond is used when someone is afraid that another person may harm them or cause trouble. The person who is afraid goes to court and explains their reasons for the fear. If the court agrees that there are good reasons to be afraid, they can order the person causing the fear to sign a peace bond. The peace bond includes rules that the person must follow, like staying away from the person who is afraid or not contacting them.
Peace Bond under Section 810:
This type of peace bond is used when there is a fear that someone might commit a serious personal injury offense, a sexual offense, or cause a disturbance. The person who is afraid goes to court and explains their reasons for the fear. If the judge believes that there are good reasons to be afraid, they can order the person causing the fear to come to court. At the court hearing, if the judge is still convinced that there are reasons to be afraid, they can make the person sign a peace bond. The peace bond sets rules that the person must follow to keep the peace and prevent the specified offense from happening.
Will it have an impact when crossing the United States border?
When it comes to crossing the United States border, having a peace bond in Canada could potentially impact the process.
When you cross the border into the United States, you are subject to U.S. immigration laws and regulations. U.S. Customs and Border Protection (CBP) officers have the authority to assess your admissibility into the country based on various factors, including criminal history.
While a peace bond itself is not a criminal conviction, it may still be considered during the border crossing process. CBP officers have access to information from various databases, including Canadian court records. If they become aware of the existence of a peace bond or any related circumstances, it could be a factor that they consider when assessing your admissibility.
The impact of a peace bond on your ability to cross the U.S. border can depend on several factors, such as the nature of the underlying concerns, any conditions imposed in the peace bond, and the discretion of the CBP officer.
When are peace bonds considered? I’ve been charged with an offence, can I get a peace bond?
Peace bonds can be considered as a potential resolution for various types of offenses, depending on the specific circumstances of the case and the discretion of the Crown Prosecutors. However, it’s important to note that the availability of peace bonds as a resolution option may vary by jurisdiction and the policies of the particular Crown Prosecutor’s office.
In general, peace bonds may be more commonly considered for offenses of a less serious nature or those where there is insufficient evidence to proceed with formal charges. Some examples of offenses where peace bonds may be available as a potential resolution include:
Offenses involving minor assaults or threats
Certain harassment or stalking cases
Mischief or property damage offenses
Breaches of the peace, including public disturbances or disorderly conduct
Offenses related to public safety, such as uttering threats or causing a disturbance in a public place
Non-violent offenses where there is a concern for the safety or well-being of a specific individual
It’s important to remember that the decision to offer a peace bond as a resolution option ultimately lies with the Crown Prosecutor and is based on various factors, including the specific details of the case, the accused’s criminal history, and the interests of justice.
At Zaidi Legal PC, we are dedicated to protecting the rights and interests of our clients facing criminal charges. Our experienced criminal defense team understands the significance of resolving cases in a manner that prioritizes our clients’ well-being and peace of mind. We recognize that in certain situations, obtaining a peace bond can be an effective strategy to ensure our clients’ safety while avoiding the potential consequences of a criminal conviction. Our skilled lawyers meticulously assess each case, working closely with our clients to understand their concerns and objectives. We leverage our extensive knowledge of Canadian criminal law to advocate for the issuance of peace bonds on behalf of our clients. With our strategic negotiation skills and courtroom expertise, we engage with Crown Prosecutors to present compelling arguments and gather the necessary evidence to support the granting of a peace bond. Our firm is committed to providing top-tier legal representation, safeguarding our clients’ rights, and achieving the most favorable outcomes in their peace bond applications.
The information presented in this blog post is thoroughly reviewed for accuracy and authenticity as of the date of publication, and is believed to be a reliable reflection of the law to the best of our knowledge. However, as the legal landscape is constantly evolving, we cannot guarantee the ongoing accuracy or completeness of this information beyond the date of publication. This material is provided for informational purposes only and is not intended to substitute for professional legal advice. Any actions taken based on the information contained on this website are undertaken at your own risk. It is always recommended to seek the advice of our team of legal professionals before making any legal decisions.
