A peace bond is a legal option for the accused to avoid trial, a criminal conviction, or a guilty plea. In Ontario, peace bonds are most common in criminal cases involving domestic assault, uttering threats, criminal harassment, and similar charges.
While agreeing to a peace bond means the charges are withdrawn, breaking a peace bond is a criminal offence. Below, we explain in more detail how a peace bond works, how to obtain one, and what happens after it expires.
Key Takeaways
- A peace bond is not a criminal conviction and does not involve a finding of guilt.
- Peace bonds are commonly used in domestic assault, criminal harassment, and uttering threats cases.
- In exchange for entering into a peace bond, the Crown will often withdraw the criminal charges.
- Common conditions include no-contact orders, weapons prohibitions, counselling requirements, and restrictions on attending certain places.
- A peace bond typically lasts up to 12 months, although some can remain in force for up to two years.
- While a peace bond does not appear on a standard criminal record check, it may appear on certain police and vulnerable sector checks.
- Breaching a peace bond is a separate criminal offence that can result in additional charges and penalties.
- Before accepting a peace bond, it is important to understand the long-term consequences and available alternatives.
What Is a Peace Bond in Canada?
Section 810 of the Criminal Code of Canada defines a peace bond as an obligation to “keep peace and be of good behaviour.” A peace bond is typically issued for a period up to 12 months, although more serious cases may result in a longer obligation. To secure the good conduct of the defendant, the court may include additional conditions, such as prohibiting the defendant from communicating with the victim, possessing weapons, consuming drugs or alcohol, and imposing other restrictive orders.
Peace Bond Ontario Domestic Assault: Why It Is So Common
In Ontario, domestic assault cases are often reviewed by specialized Domestic Violence Courts (DVCs). The DVCs promote early intervention and have programs such as Partner Assault Response (PAR), which are generally available for first-time accused with no criminal record.
The PAR program is designed to prevent intimate partner violence and allows offenders to avoid criminal conviction. Upon the offender’s completion of the program, the Crown often withdraws the charges in exchange for a peace bond.
Peace Bond Ontario: Types and How They Are Issued
There are two main forms of peace bonds in Ontario: common law and Criminal Code peace bonds. A defendant can enter into a common law peace bond by confirming their consent in exchange for the Crown withdrawing the charges. In contrast, a Criminal Code peace bond requires the complainant to lay information before the court, swearing that they have reasonable grounds to fear the other person will commit an offence against them.
What Conditions Can a Peace Bond Include?
The main condition of a peace bond for the offender is to “keep peace and be of good behaviour.” Additionally, the judge may impose other conditions as desirable to secure good conduct of the defendant, which may include:
- no contact with the complainant (directly or indirectly, including through third parties or social media),
- staying away from a residence, workplace or school,
- prohibiting possession of weapons or firearms,
- abstaining from consumption of drugs or alcohol,
- attending counselling.
Written Revocable Consent: When the Complainant Wants to Restore Contact
In domestic assault cases, a peace bond may be accompanied by a no-contact order. However, in some cases, the complainant may wish to grant written consent to a specific form of contact with the accused, for example, in situations involving co-parenting or shared residence.
Under this arrangement, the complainant may revoke the consent at any time, after which any further contact may constitute a criminal offence. Accordingly, the defendant should not rely on any verbal or informal permission to resume contact, since only signed written consent counts in court.
Is a Peace Bond a Conviction?
The nature of a peace bond means it does not constitute a finding of guilt or result in a criminal conviction. Unlike a conviction, a peace bond does not appear on a standard criminal record check.
At the same time, peace bond information may still be visible on other types of background checks, with a direct impact on employment opportunities, travel, licensing, and other consequences.
Does a Peace Bond Show on a Criminal Record?
While a peace bond is not recorded in the same way as a criminal conviction, it may still show up on certain checks.
Generally, a peace bond can appear on:
- entries in the Canadian Police Information Centre (CPIC) visible to the police,
- vulnerable sector checks conducted by employers for jobs related to working with children or the elderly,
- the U.S. border database (NCIC) after sharing fingerprints.
After the peace bond expires, the defendant may apply to have the records on file with the police destroyed, including fingerprints and photographs. While the RCMP reserves the right to deny the application for destruction, these requests are typically granted for non-conviction cases, including most peace bonds.
How Long Do Peace Bonds Last?
In most cases where the defendant enters into a peace bond, the usual duration is up to 12 months. However, the judge has discretion to extend the duration in more serious cases and to order a peace bond for up to two years.
The peace bond comes into effect on the day it is signed in court. After the expiry of the term for which it was entered, the peace bond is complete, with no further action required. At the same time, you may need to file an application for the destruction of records related to your peace bond to avoid it showing up on certain checks.
What Happens After a Peace Bond Expires?
When a peace bond expires, the defendant’s obligations automatically end, and the defendant regains full legal rights.
At the same time, the police entries, including fingerprints and photographs, usually stay on file unless the defendant applies for their destruction. While many believe that the police automatically wipe out records related to non-conviction cases, including peace bonds, this usually requires a written request.
Can a Peace Bond Be Removed Early?
After a peace bond is signed, it generally cannot be cancelled unilaterally by either the defendant or the complainant.
While the complainant may grant revocable written consent to contact, other conditions of the peace bond usually remain in effect until it expires. The cases of outright termination of a peace bond under exceptional circumstances are rare and require the consent of the Crown.
Can You Get a Peace Bond for Harassment?
In addition to domestic assault, peace bonds are commonly used in cases involving uttering threats, cyberstalking, and other forms of criminal harassment.
Even though these instances usually do not include physical assault, the complainant may have reasonable grounds to fear for their personal safety or the safety of other persons. In such circumstances, the judge may order the defendant to enter into a recognizance, with or without sureties, and to keep the peace and observe other restrictions as the court may consider desirable.
Peace Bond vs Restraining Order: What Is the Difference?
Sometimes, a peace bond is confused with a restraining order. While both impose restrictions on defendants and are commonly used in domestic situations, they differ significantly in procedure and purpose.
While a peace bond is a recognizance entered into by the defendant in a criminal court, a restraining order is issued by a family court under the Family Law Act or the Children’s Law Reform Act. A peace bond may apply to various scenarios, including domestic assault, uttering threats, or harassment, while a restraining order is usually applicable only in the domestic context. Additionally, a peace bond and a restraining order can run in parallel, with a restraining order imposing additional restrictions on the defendant.
What Happens If You Breach a Peace Bond?
While a peace bond means no conviction for the underlying offence, breaching a peace bond is a hybrid offence under Section 811 of the Criminal Code. If prosecuted by indictment, the breach of recognizance can be punished by imprisonment of up to four years. On summary conviction, breach of a peace bond may result in up to 2 years less a day in prison, a fine of up to $5,000, or both.
Should You Agree to a Peace Bond? Pros and Cons
While a peace bond is generally considered a better outcome than a conviction at trial, it still has drawbacks. When considering available legal options, an innocent accused may want to weigh the pros and cons of a peace bond before entering into one.
| Advantages of a peace bond | Disadvantages of a peace bond |
|---|---|
| ● No finding of guilt and criminal record ● No trial, lower legal costs, and less stress ● Criminal charges are withdrawn ● Preferred route for first-time accused | ● Conditions are real and enforceable for up to 12 months ● A peace bond entry can appear on certain police checks ● U.S. border crossings can still be impacted ● Breaking a peace bond, even accidentally, is a criminal offence. |
Why You Need a Criminal Defence Lawyer Before Accepting a Peace Bond
When considering a peace bond to avoid criminal charges, you need to evaluate your legal position, the prospects of defending against the charges at trial, and the risks of conviction. An experienced criminal defence lawyer can be instrumental in helping you understand your options and choose the most effective strategy. When you work with a criminal lawyer, you can negotiate the terms of the peace bond or work toward a full withdrawal of the charges, depending on the circumstances.
FAQs
Is a peace bond a criminal conviction in Canada?
No, a peace bond is not a criminal conviction in Canada and does not involve a finding of guilt. However, it may still appear during police checks and at U.S. border checks unless the records are destroyed.
Does a peace bond show up on a background check?
Generally, a peace bond is not recorded in the same way as a criminal conviction and does not appear on a basic criminal record check. At the same time, the records related to the peace bond, including fingerprints, can show up on police screening, vulnerable sector checks, and the U.S. border database.
Can I travel to the United States with a peace bond?
If you have entered into a peace bond in Canada, U.S. border officers may refuse you entry as the U.S. border database shares fingerprint records with Canada. After your peace bond expires, you may apply for the destruction of the records related to it to minimize the impact on your travel.
Can a peace bond be removed before the 12 months are over?
After a peace bond is signed, it cannot be cancelled unilaterally. While a variation of the peace bond conditions is possible, early termination before expiry is rare and requires the Crown’s consent.
What happens if I accidentally contact the complainant?
If you accidentally contact the complainant after signing a peace bond that includes a no-contact restriction, it can be treated as a breach and lead to criminal charges. If you face this situation, you should avoid any further communication with the complainant and contact a criminal defence lawyer as soon as possible.
Can I refuse a peace bond and go to trial instead?
Yes, the decision whether to accept or refuse a peace bond belongs to you, and a peace bond cannot be imposed without your consent. It is advisable to consult with your lawyer before making any decision related to your criminal case to choose the most favourable option under the circumstances.
