Toronto Criminal Lawyer

A peace bond is one of the most misunderstood elements of Ontario's criminal justice system. It is not a conviction, not a criminal charge, and not an admission of guilt. A peace bond is a court order, entered into by consent, in which a person agrees to keep the peace, be of good behaviour, and comply with specific conditions for a set period of time. When used as a resolution to criminal charges, a peace bond allows the charges to be withdrawn, leaving the person without a criminal record.

Peace bonds are commonly used to resolve a range of criminal matters, from domestic assault cases to neighbour disputes, harassment allegations, and minor criminal charges. This guide explains how peace bonds work in Ontario, when they may be offered, what conditions they involve, and what happens if they are breached.

What Is a Peace Bond?

A peace bond is authorized by section 810 of the Criminal Code. The basic provision states that any person who fears, on reasonable grounds, that another person will cause personal injury to them or their family, or will damage their property, may lay an information before a justice. The justice may then order the other person (the "defendant") to enter into a recognizance (the peace bond) to keep the peace and be of good behaviour.

In practice, peace bonds arise in two distinct contexts:

As a standalone application. A person can apply for a peace bond directly, without any criminal charges being involved. This is relatively uncommon in practice but is available as a preventive measure.

As a resolution to criminal charges. Far more commonly, a peace bond is negotiated between the Crown Attorney and defence counsel as a way to resolve an existing criminal charge. The accused agrees to enter into a peace bond, and in exchange, the Crown withdraws the criminal charge. This is the context in which most people encounter peace bonds.

When Are Peace Bonds Offered?

Not every criminal case is eligible for a peace bond resolution. The Crown Attorney has discretion over whether to offer a peace bond, and several factors influence this decision:

• Seriousness of the offence: Peace bonds are most commonly offered for less serious offences, including simple assault, criminal harassment, mischief, and uttering threats. They are rarely offered for serious violent offences or offences involving significant harm.
• Criminal record: A person with no prior criminal record is more likely to be offered a peace bond than someone with a history of similar offences.
• Strength of the evidence: If the Crown's case has evidentiary weaknesses, a peace bond may be an efficient resolution that still provides protection to the complainant.
• Complainant's wishes: While the Crown makes the final decision, the complainant's views are considered. In domestic cases, a complainant who wants to resume contact with the accused may support a peace bond resolution.
• Relationship between the parties: Peace bonds are commonly used in cases involving people who know each other: neighbours, former partners, coworkers, or family members.

Defence counsel can advocate for a peace bond resolution during negotiations with the Crown, and a judicial pre-trial conference can also be used to explore whether a peace bond is appropriate. Understanding how plea negotiations work provides useful context for how these discussions unfold.

Peace Bond Conditions

Every peace bond includes the mandatory condition to keep the peace and be of good behaviour. Beyond that, the court may impose any conditions it considers desirable to secure the defendant's good conduct. Common conditions include:

• No contact: Prohibiting direct or indirect communication with the complainant or other specified persons
• No attendance: Prohibiting attendance at the complainant's residence, workplace, or school
• Weapons prohibition: Prohibiting possession of firearms, ammunition, or other weapons
• Counselling: Requiring attendance at anger management, substance abuse, or other counselling programs
• Abstinence: Requiring abstention from alcohol or non-prescription drugs
• Reporting: Requiring the defendant to report to police or a probation officer

The specific conditions are typically negotiated between the Crown and defence counsel before the peace bond is presented to the court. The court must approve the conditions and may add, remove, or modify them.

Duration and Completion

A standard peace bond under s.810 can last for a maximum of 12 months. The court sets the specific duration based on the circumstances. Most peace bonds are for the full 12-month period.

The Criminal Code also provides for specialized peace bonds with longer durations:

• s.810.01: Peace bond relating to criminal organization offences (up to two years)
• s.810.011: Peace bond relating to terrorism offences (up to five years)
• s.810.02: Peace bond relating to serious personal injury offences (up to two years)

Once the peace bond period expires and the defendant has complied with all conditions, the peace bond is completed. No further steps are required. If the peace bond was entered into as a resolution to criminal charges, those charges have already been withdrawn and there is no further criminal proceeding.

A peace bond can be renewed if the circumstances warrant, but a new application and hearing are required.

Breach of a Peace Bond

Compliance with peace bond conditions is not optional. Breaching a peace bond is a criminal offence under s.811 of the Criminal Code. It is a summary conviction offence carrying a maximum of four years imprisonment.

Common breaches include:

• Contacting the person named in the no-contact condition, even if that person initiates the contact
• Attending at a prohibited location
• Failing to attend required counselling
• Possessing a weapon contrary to the prohibition
• Consuming alcohol or drugs contrary to an abstinence condition

Peace Bonds and Background Checks

One of the primary advantages of a peace bond is that it does not result in a criminal conviction. However, the question of whether it will appear on a background check depends on the type of check being conducted:

Standard criminal record check: A peace bond will not appear on a standard CPIC (Canadian Police Information Centre) criminal record check, because it is not a conviction.

Vulnerable sector check: A peace bond may appear on a vulnerable sector check, which is a more comprehensive screening used for positions involving work with children or vulnerable adults. These checks can disclose non-conviction dispositions, including peace bonds.

Local police check: Some police services conduct local checks that may disclose police contact, including peace bonds. This is sometimes referred to as a "police information check" and the scope of disclosure varies between police services.

For individuals concerned about the effect of a criminal record on employment and other matters, our guide on criminal record consequences provides additional information.

Should You Accept a Peace Bond?

Whether to accept a peace bond is a significant legal decision that should be made with the advice of a criminal defence lawyer. Factors to consider include:

• Strength of the Crown's case: If the Crown has a strong case and a conviction is a real possibility, a peace bond may be an excellent outcome that avoids a criminal record.
• Weakness of the Crown's case: If the case against you is weak, you may prefer to proceed to trial and seek an acquittal rather than accept conditions for 12 months.
• The conditions: Consider whether the proposed conditions are manageable. If the conditions are overly restrictive or difficult to comply with, the risk of a breach (which is itself a criminal offence) must be weighed.
• Immigration implications: For non-citizens, the immigration consequences of a peace bond should be considered. While a peace bond is not a conviction, it may still be relevant in immigration proceedings.
• Family law implications: In domestic cases, the peace bond conditions (particularly no-contact provisions) may affect custody and access arrangements.

A criminal defence lawyer can assess the strength of the case, advise on the appropriateness of a peace bond, and negotiate favourable conditions with the Crown.

Speak with a Criminal Lawyer. Whether you are considering a peace bond as a resolution to criminal charges or seeking to understand your obligations under an existing peace bond, legal advice is essential. Contact a criminal lawyer to discuss your situation in a confidential consultation.