A peace bond, formally known as an 810 recognizance under the Criminal Code, is a court order that can require you to follow strict conditions, such as staying away from certain people or places, for up to a year. It is sometimes presented as an alternative to a trial or a guilty plea to a criminal offence, especially in cases involving domestic disputes or situations where the Crown does not believe it can secure a conviction. For many defendants, the fact of avoiding a criminal record makes a peace bond seem like an ideal solution.
But the decision to agree to a peace bond is not without consequences. The conditions can interfere with your life. A breach of those conditions is a criminal offence on its own. Before entering into an 810 recognizance, it is important to understand exactly what it means and how it could affect you in the long term.
This article explains what a peace bond is, how they work in British Columbia, why they are used, and what you should consider if you are faced with the choice of accepting one.
What is the Purpose of a Peace Bond and What You Should Know About Them
Definition: A Court Order to Keep the Peace
A peace bond requires a person to keep the peace and be of good behaviour for up to one year. The order may come with specific conditions designed to protect another person, their property, or their family. While peace bonds are common across Canada, their use in BC follows the same federal law. A judge or justice of the peace can impose conditions that are tailored to the circumstances, but regardless, peace bonds are not automatic. They must be applied for and granted after reviewing the concerns presented to the court.
How Long Does a Peace Bond Stay on Your Record in Canada?
A peace bond is not a criminal conviction, and it does not create a criminal record; however, it is still a court order, and breaching it is a serious matter.
If someone disobeys the terms of a peace bond, they can be arrested and charged with a new offence. Depending on the situation, this can lead to a prison sentence of up to four years.
Because of the risks involved, it's important to understand what you're agreeing to before signing. Jaswal & Krueger can give you clear legal advice about how a peace bond may affect you and what it means for your record.
When Peace Bonds Are Used?
A peace bond may be sought when a person fears for their safety, the safety of someone close to them, or fears damage to their property, yet the evidence is not strong enough to support formal criminal charges. This can occur in domestic violence disputes between a spouse or common law partner, in situations of harassment, neighbour conflicts, or concerns over property damage.Â
In these cases, our domestic violence lawyers at Jaswal & Kreuger can help advise on the best path forward.
What are the Disadvantages of a Peace Bond?
Every peace bond includes a requirement to keep the peace, but the conditions attached can vary widely. The court may prohibit contact with the applicant, restrict access to the family home, or impose limits on alcohol or weapon possession. In some cases, the court may also require a cash surety or a promise to pay a set amount if the bond is breached.
These conditions are based on the facts of the case, the fears expressed by the applicant, and the type of harm the court is trying to prevent. For individuals considering whether to enter into a peace bond, it is important to understand how these terms could affect daily life.
At Jaswal & Krueger, we can explain what each condition means in practice and help you assess whether agreeing to a peace bond is in your best interest.
The Peace Bond Application Process
To apply for a peace bond, a person may go directly to local police or to the court. In some cases, victim services may assist in preparing the paperwork. A statement is sworn and then filed with the court. A summons may be issued for the other party to appear. A hearing takes place before a judge or justice, where both the applicant and defendant may present evidence. The attorney general or a crown prosecutor may also be involved, depending on the circumstances. The process is formal and can take a considerable period of time. It is not a fast solution, and if you're the defendant in these cases, we can offer legal assistance during this stage to make sure your standing and story are taken into consideration.
Should You Agree to a Peace Bond?
When faced with a peace bond, you have two paths. You may consent and enter into the peacd bond, often resolving the matter quickly, avoiding a stressful hearing, and allowing your lawyer to negotiate less restrictive conditions. The drawback is living under court-ordered rules, even if you dispute the complaint. If you refuse, the case proceeds to a hearing where the informant must prove their fear is reasonable. With Jaswal & Krueger defending you, evidence can be challenged and your position forcefully presented.
Practical Impact of a Peace Bond
A peace bond can have a significant practical impact on a person's life. For the accused, entering a peace bond can mean avoiding criminal charges and trial, but it may still affect employment, travel, or a vulnerable sector record check. For the applicant, it may provide safety and reassurance, though it is not the same as a protection order in family court.Â
There are consequences if the bond is breached. A conviction for breaching a peace bond is still a criminal offence, and carries serious penalties. Deciding to consent or contest a bond is not a simple choice, and having the professional advice of experienced criminal defense lawyers like us can make a major difference.
