How Can A Peace Bond Help Me?
A peace bond is a highly useful option that allows an accused to avoid a criminal record rather than proceeding to trial.
A peace bond could have adverse consequences for you outside of court, especially with respect to family court, immigration issues and employment and volunteer opportunities. Additionally, while it’s in effect it will appear in a criminal record check, but it should not be visible after expiry.
It is also important to note that there are certain types of criminal record searches, such as something called a “vulnerable person check” where a peace bond will still show up even after it has expired.
The two types of peace bond
In Canada, there are two types of peace bonds: statutory peace bonds under section 810 of the Criminal Code, and Common Law peace bonds.
A section 810 peace bond is a statutory peace bond and is issued in accordance with section 810 of the Criminal Code of Canada. A section 810 peace bond is issued by the court upon request of a person who has reasonable grounds to believe that an accused person will cause harm to them or to someone they know.
For the issuance of a Common Law Peace Bond, a complainant does not need to have an ongoing fear of the accused. This peace bond is generally not based on sworn information and has a much broader scope of “a reasonably apprehended breach of peace.” It has no maximum period of enforcement.
What happens if the peace bond is broken?
Should you breach the conditions of a peace bond, you could face separate criminal charges of “breach of recognizance” or “disobeying a court order.” You may also lose some or all the money you pledged when you entered the peace bond.
The peace bond trade off
By entering into a peace bond, although not admitting to criminal conduct, you will be acknowledging that a section 810 Peace Bond reflects a finding by the Court that your action, gestures, and/ or words caused another to be reasonably fearful for their safety, the safety of their family or their property.
How long do they last?
Peace bonds typically will last for one year, but sometimes they are shorter.
Sondhi Defence is here to help with any criminal defence situation. We have the advice and guidance you need to get the best possible outcome. Call us today to speak with one of our legal experts and get the help you need.
