A peace bond can resolve criminal charges without a guilty plea, without a conviction, and without a criminal record. For eligible accused persons, it is one of the most valuable tools available.
A peace bond is a court order under section 810 of the Criminal Code that requires a person to keep the peace and be of good behaviour for a specified period, usually up to twelve months. It is not a conviction. Entering into a peace bond does not mean admitting guilt. But it does mean the Crown typically withdraws or stays the underlying charges, leaving the accused with no criminal record from the matter.
How Peace Bonds Resolve Criminal Charges
In practice, peace bonds are used most often in cases where the Crown has concerns about future conduct, particularly in domestic matters, harassment cases, and minor assaults. Where the evidence is not overwhelming, where the complainant is reluctant to proceed, or where the accused is a first-time offender with no history of violence, the Crown may agree to withdraw charges if the accused consents to a peace bond.
The sequence typically works as follows: the defence lawyer approaches the Crown attorney, presents mitigating information, and proposes a peace bond as a resolution. If the Crown agrees, the accused appears in court, acknowledges that the informant has reasonable grounds to fear for their safety, and consents to the terms. The charges are then withdrawn, and the accused is bound by the peace bond for its duration.
Peace Bond Conditions
The conditions attached to a peace bond vary depending on the nature of the underlying matter. In domestic cases, conditions commonly include a requirement to have no contact with the complainant, to stay away from the complainant's residence and workplace, to refrain from possessing weapons, and to attend counselling. In harassment or uttering threats cases, conditions may include no-contact provisions and restrictions on communication.
The maximum duration of a peace bond under section 810 is twelve months, though in some circumstances a longer period may be available. After the peace bond expires and all conditions have been met, there is no criminal record from the matter. The peace bond itself does not appear on most standard background checks.
Consenting to a Peace Bond Is Not Admitting Guilt
A point that worries many people about peace bonds is the language used in court. To enter one, you typically acknowledge that the informant has reasonable grounds to fear for their safety, and people understandably hesitate, thinking it sounds like a confession. It is not. You are not admitting that you did anything, and you are not pleading guilty to any offence; you are accepting that the other person holds a fear the law recognizes as reasonable, and agreeing to keep the peace. Nothing said in entering a peace bond is a finding of guilt, and because the charge is withdrawn, there is no conviction and no record. Understanding that distinction is often what makes an accused comfortable accepting a resolution that is, on the facts, plainly in their interest.
What Happens If You Breach a Peace Bond
Breaching a peace bond is a criminal offence under section 811 of the Criminal Code, carrying a maximum of four years in prison on indictment. If you are served with a peace bond, you must understand every condition and comply strictly. Any contact with a prohibited person, even indirect contact through a third party or social media, can be alleged as a breach.
If you are charged with a peace bond breach, you should speak immediately with a Toronto criminal lawyer. A breach charge can be more serious than the original matter, particularly where it involves a second instance of contact with a person the court has already ordered you to stay away from.
Is a Peace Bond Right for Your Case
Whether a peace bond is the right resolution depends on the facts of your case, the strength of the evidence, and your personal circumstances. For some accused persons, the better option is to contest the charge and pursue an acquittal. For others, particularly those facing charges where the evidence is strong and the consequences of a conviction would be severe, a peace bond is the best available outcome.
The guide to charges being dropped or withdrawn in Ontario explains the full range of outcomes short of a trial that can protect your record.
Section 810 of the Criminal Code is the primary provision governing peace bonds in Canada, including the grounds on which they may be sought and the conditions that may be imposed.
