Applying for a peace bond
If a person is afraid that an individual (the defendant) will harm them, or their children or their property, they can seek a peace bond or recognizance. A peace bond is a court order under section 810 of the Criminal Code that requires the defendant to “keep the peace” for a certain length of time and to obey any other conditions of the peace bond. A peace bond does not cost anything, and a person can get one without a lawyer. Peace bonds are enforceable by police across Canada and are supervised like a probation order.
Seeking Peace Bonds With Assistance of Police
Text version
Seeking Peace Bonds With Assistance of Police
A person tells police why he or she fears that the defendant (the individual the person fears) will likely commit an offence against them or somebody they know.
Police ask defendant to consent to peace bond with or without conditions.
Defendant is not willing to consent to peace bond. Police or someone acting on the person’s behalf (e.g.: a family member or lawyer) file an Information (the person’s factual reasons explaining why they fear the defendant will commit an offence) with the Court.
Defendant consents to peace bond to keep the peace without or with conditions (e.g.: no-contact order). Police file signed peace bond with the Court: peace bond with or without conditions becomes effective without a formal hearing.
Court sets formal hearing date and requires defendant to appear by summons or, if necessary, an arrest warrant.
Hearing before the Court
Court hears testimony and receives evidence from both parties regarding whether the person has reasonable grounds to fear an offence.
Court finds person’s fear is reasonable: orders defendant to enter into peace bond with conditions (e.g.: not to contact the person).
Court finds fear is not reasonable: peace bond application is denied.
If defendant breaches a condition of the peace bond, they can be charged and convicted with maximum sentence of 4 years imprisonment.
For more information, see the Peace Bond fact sheet.
Disclaimer: This infographic contains general information only, and is not intended as legal advice.
The police or a prosecutor can help the person through this process, depending on where the person lives. The defendant may be given a summons to appear in court at a certain time and place. The person who is seeking the peace bond may be required to attend as well, and should be sure to check with the police.
A prosecutor will explain the situation to the Court. If the Court is satisfied that the person has reasonable grounds to fear for their own safety or the safety of their children or property, the Court will order the defendant to enter into a peace bond.
A peace bond is not a criminal conviction, however breaching any of the conditions of a peace bond is a crime. As long as the defendant meets the conditions of the peace bond, they will not be charged with a criminal offence. If the defendant breaks those conditions, they can be charged with breaching the peace bond as well as with any other offence that may be committed. If convicted, they can be fined and/or jailed and will then have a criminal record.
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