Peace Bond FAQs

Common Law and Statutory Peace Bonds

The first thing you should know about peace bonds is that there are two kinds of peace bonds. The first kind of peace bond is pursuant to s. 810 of Criminal Code of Canada. The second type of peace bond is the common law peace bond. The significant difference between the two peace bonds is that an 810 peace bond relies upon the allegation of fear of safety based upon the informant.

What is a Peace Bond?

A peace bond is promise that you enter into with the court where you agree to abide by certain conditions. A peace bond is a court order and therefore it is enforceable. A peace bond is enforceable throughout Canada, and therefore you do not have to be in Ontario to be in violation of any of the conditions attached to your peace bond.

An amount of money, between $500 and $2000, may be attached with a peace. You will not be required to deposit the monetary amount however you may be required to pay the amount should you be found to have violated any conditions of the peace bond. The purpose of this monetary amount is to be an incentive on your part to abide by the conditions of the peace bond.

If you are the person entering into a peace bond, you will receive a copy of the peace bond at court. If you are the complainant/victim you will not receive a copy of the peace bond, however you can request the court provide you with a copy. It is important to note that if the peace bond requires that the person is not to have any contact or communication with your children, you should be giving a copy to your child’s school or daycare.

What is the Purpose of a Peace Bond?

A peace bond is designed to protect the safety of one or more persons against another. A peace bond is a preventative tool designed to stop a person from physically harming another person or causing the other person to fear for his or her safety.

It is important that you understand that although the purpose of a peace bond is protect a person and prevent any further harm coming to that person, it does not guarantee a person’s safety.

How Long does a Peace Bond Last?

A peace bond can be made for a period of up to 12 months. Once the enforcement period of the peace bond has ended, the peace bond itself automatically comes to an end. Once the peace bond comes to an end you no longer are required to abide by the conditions attached to the peace bond.

What are Common Conditions of a Peace Bond?

Some of the common conditions of a peace include;

• You keep the peace and be of good behaviour.
• You are not to have any communication, direct or indirect, with any person named in the peace bond.
• You not to attend a person’s place or residence, place of business or place of education.
• You are prohibited from possessing any weapons or firearms.

Am I Admitting I’m Guilty by Signing a Peace Bond?

Entering into a peace bond is not an admission of guilt and it will not result in a criminal record. However, there will be a record of a peace bond while it is enforceable, and if you are planning on travelling to the United States you should wait until the peace bond has ended before crossing the border.

When you enter into a peace bond what you are acknowledging to the court is that the complainant has reasonable grounds to fear for his or her safety, the safety of his or her spouse or child, or the safety of his or her property. With a peace bond the court only needs to be satisfied on a balance of probabilities that there is a reasonable fear of safety.

Who Enters into a Peace Bond?

Often peace bonds are the result of assault charges. Peace bonds are commonly used in domestic assault cases. Typically the Crown Attorney will agree to withdraw criminal charges against the accused if the person agrees to enter into a peace bond. In cases of domestic assault the Crown Attorney may also require that the accused person complete some form of anger management or make a donation to a recognized charity.

What happens if I Violate the Conditions of the Peace Bond?

It is a criminal offence for failing to comply with the conditions of your peace bond. The maximum penalty for failing to comply with a peace bond is 6 months in prison and/or a fine of $2,000.

In circumstances where you are the complainant/victim and you are aware that a person has violated his or her conditions of the peace bond, contact the police immediately.