In Canada, a peace bond refers to a criminal court order requiring an accused to fulfil certain conditions for a particular time period. The Crown Prosecutor and the court need to agree that a peace bond is the most appropriate way of dealing with an offender’s criminal matter when they are charged with a violent crime or are about to commit a criminal offence. A credible and experienced criminal defence lawyer can help you get a peace bond to avoid a criminal record.
A peace bond is an effective way of resolving a criminal matter, protecting the victims’ rights, and preventing offenders from committing further offences. It can be sought by a complainant who has a valid reason to believe that the accused would likely commit a crime against them or by the accused to resolve the criminal issue without entering a trial.
We will now provide answers to some frequently asked questions FAQs regarding peace bonds in Canada:
What Are The Various Peace Bond Types In Canada?
The two main types of peace bonds in Canada are; statutory peace bonds or peace bonds issued under Section 810 of the Canadian Criminal Code and common law peace bonds.
Statutory Peace Bond
To obtain a statutory peace bond, the complainant must have an ongoing fear of the accused. Some of the conditions the accused will have to fulfil in the case of a statutory peace bond include:
- Not being able to consume drugs or alcohol except prescribed by a medical practitioner
- Completing drug testing processes as required
- Staying away from or not communicating with the complainant for a specific time period
- Fulfilling any other conditions the judge may implement to ensure the accused’s good conduct
Common-Law Peace Bond
Unlike a statutory peace bond, obtaining a common law peace bond doesn’t require the complainant to have an ongoing fear of the accused. Since there’s no element of fear involved, a common-law peace bond is used to resolve matters where the accused and the complainant would like to reconcile and continue having a relationship.
What Are The Conditions Of A Peace Bond?
Some of the conditions of a peace bond include:
- Maintaining the peace and being of good conduct
- Avoiding drugs or alcohol consumption
- Reporting to a probation officer for required alcohol or drugs related testing
- Avoiding direct or indirect contact with the individual(s) protected by the order
- Keeping at a certain distance from a complainant’s home or office
- Not possessing any weapons or firearms
- Paying a deport or surety to a court or promising to do so in the event of a breach
- Fulfilling any other condition implemented by the court
How Will A Peace Bond Impact My Criminal Record?
Signing a peace bond means you will not get a criminal record. This means that you won’t have to admit to any facts presented by the Crown Prosecutor. Although you won’t have any criminal record, your peace bond acceptance might still show up on some enhanced record checks, depending on the record check type completed. In Canada, a peace bond will not show up on a police criminal record check. However, it will show up on a police information check and police vulnerable sector check.
About Slaferek Callihoo
Slaferek Callihoo is a professional criminal defence law firm based in Edmonton, Alberta. We assist our clients in the successful resolution of their criminal matters, including peace bonds. Visit our website to learn more about us or contact us for expert legal guidance.