Peace Bonds - More than you might think

Henry Waldock
Last updated:  2010-05-11

What's a Peace Bond?

A peace bond is an order that a person abide by conditions imposed by the court.  It takes the form of a recognizance - a promise to keep the conditions - secured by a money amount.  If the person breaks his promise, then the court can take the money.

Unlike family restraining orders, police investigate, and the Crown prosecutes them.  The applicant pays no court fees, and doesn't need a lawyer.

However, there must be real risks of criminal harm.  If the applicant merely dislikes the respondent, peace bonds don't help.

Common Law

Before the Criminal Code came into force, judges had the power to order people around, so as to prevent breaches of the peace.  Even after enactment of the Criminal Code, judges kept this power.

Statutory

Peace bonds proved so useful, that Parliament created explicit power for justices and provincial court judges to impose conditions on various kinds of people, to supervise them in ways that might stop them from getting into trouble.

Someone who breaches one of these bonds can be prosecuted under s.811.  This is simpler and more reliable than prosecuting common law peace bonds.

What kinds of statutory peace bonds are there?

810 - person poses a risk to a person

Where one person poses a specific risk of harm to another person, or their family or property, the judge can impose conditions on the aggressor.  These typically include:

• "no go" - not to attend at the complainant's home, work, school etc.
• "no contact" - not to communicate in any way with the complainant
• "firearms prohibition" - not to possess firearms, explosives, restricted and prohibited weapons, ammunition etc.

Other more creative conditions can be imposed, where justified:

• "no communication except in writing" - this causes battling spouses to leave a paper trail of their "mutual" threats.
• "abstain from the consumption of drugs / alcohol"
• "counselling" - this may be imposed only with the consent of the respondent

These orders last a maximum of 1 year.

810.01 - criminal organization or terrorism offences

Where a person poses a risk of terrorism or criminal organization offences, the court may impose similar conditions for one (or even two) years.

Conditions that might be useful for these sorts of folks might include:

• "register all cell phones"
  
• "deposit passport"
• "non-association with named persons"

Tracking and supervising these folks might be easier if you know where they are and what they are doing.

810.1 - sexual offences against children generally

Where the person poses a risk to commit sexual offences against children, the judge may impose conditions for one (or even two years) including:

• reporting;
• no contact with persons under the age of 16 years, including using a computer system for that purpose;
• no daycare centres, schoolgrounds or playgrounds, go public parks or public swimming areas where persons under the age of 16 years can reasonably be expected to be present;
• participate in a treatment program; (consent may not be required)
• electronic monitoring;
• remain within a specified geographic area;
• curfew; or
• abstain from drugs & alcohol.

810.2 - serious personal injury offences against undetermined victims

Where the person poses a risk to commit serious personal injury offences against people of any age, the court may impose a bond for up to two years with conditions including:

• reporting;
• firearms prohibitions;
• participate in a treatment program; (consent may not be required)
• electronic monitoring;
• remain within a specified geographic area;
• curfew; or
• abstain from drugs & alcohol.