Understanding Peace Bonds: What They Are and How to Get One

Facing criminal charges can be a daunting experience, but not all cases have to result in a criminal conviction. In some situations, a peace bond can resolve a case without leaving you with a criminal record. Peace bonds are a legal tool designed to protect public safety while allowing individuals to avoid the long-term consequences of a criminal conviction.

This blog explains what peace bonds are, when they might apply, and how to request this disposition as part of your case resolution.

What is a Peace Bond?

A peace bond is a court order that requires an individual (the accused) to agree to specific conditions aimed at protecting another person or property. A peace bond is not a criminal conviction, and agreeing to one does not mean you are admitting guilt. Instead, it is a way to resolve a criminal matter while avoiding a trial and potential conviction.

Key Features of a Peace Bond

1. Voluntary Agreement:

   • A peace bond is entered into voluntarily, typically as part of negotiations between the accused and the Crown prosecutor.

2. Conditions:

   • Conditions may include:

     • Staying away from specific people or locations.

     • No contact with the complainant or other involved parties.

     • Keeping the peace and being of good behavior.

     • Avoiding alcohol or drugs if substance abuse is a concern.

     • Surrendering weapons or agreeing not to possess firearms.

3. Duration:

   • Peace bonds typically last for up to 12 months, but the exact duration depends on the circumstances.

4. No Criminal Record:

   • Signing a peace bond does not result in a criminal record. However, failure to comply with the bond’s conditions can lead to criminal charges.

     
     

When Can a Peace Bond Be Used?

Peace bonds are often used in cases involving:

• Minor offences, such as mischief, harassment, or uttering threats.

• Situations where there is insufficient evidence for a conviction but ongoing concerns about safety or public peace.

• Cases where the accused does not contest the allegations but wishes to avoid a criminal trial and conviction.

  
  

How to Get a Peace Bond

If you are an accused person seeking a peace bond as a resolution to your case, here are the steps involved:

1. Discuss with Your Lawyer

• Inform your lawyer that you are interested in pursuing a peace bond.

• Your lawyer can assess the circumstances of your case and determine if a peace bond is a realistic option.

2. Negotiate with the Crown Prosecutor

• Your lawyer will approach the Crown prosecutor to propose a peace bond as an alternative to proceeding with the charges.

• This often involves showing that:

  • You are not a danger to the complainant or the public.

  • You are willing to abide by reasonable conditions.

  • A peace bond would address the complainant’s concerns while ensuring fairness.

3. Agreement and Court Approval

• If the Crown agrees, the peace bond will be presented to the court.

• A judge must approve the peace bond and explain the conditions to you in court.

4. Comply with the Conditions

• Once the peace bond is in effect, it is critical to comply with all conditions for the duration of the order. Any breach of the peace bond can lead to criminal charges.

  
  

Benefits of a Peace Bond

1. Avoiding a Criminal Record:

   • A peace bond allows you to resolve a case without the stigma and long-term consequences of a conviction.

2. No Admission of Guilt:

   • By signing a peace bond, you are not pleading guilty or admitting to the allegations.

3. Quick Resolution:

   • A peace bond avoids the lengthy and costly process of a criminal trial.

4. Flexibility:

   • The conditions of a peace bond are negotiable and can be tailored to suit the specific situation.

     
     

What Happens If You Breach a Peace Bond?

If you fail to comply with the conditions of a peace bond, you can be charged with breach of recognizance or a related offence. This could result in criminal penalties, including fines, probation, or imprisonment.

When is a Peace Bond Not Appropriate?

Peace bonds may not be available or suitable in cases involving:

• Serious or violent offences.

• Allegations where the complainant strongly opposes a peace bond.

• Situations where the Crown prosecutor believes the case should proceed to trial.

  
  

What to Do If You’re Considering a Peace Bond

If you think a peace bond may be a good resolution for your case:

1. Hire an Experienced Lawyer:

   • A lawyer can negotiate with the Crown and advocate for a peace bond as the best outcome for your case.

2. Be Proactive:

   • Demonstrating good behavior, attending counseling, or addressing the underlying issues can strengthen your request for a peace bond.

3. Understand the Conditions:

   • Be prepared to comply with the conditions and follow them diligently to avoid further legal issues.

     
     

Conclusion

Peace bonds provide a practical and fair way to resolve criminal cases, especially for minor offences. By avoiding a criminal record and focusing on rehabilitation, a peace bond can help you move forward with your life while addressing safety concerns.

If you or someone you know is facing criminal charges and wants to explore the option of a peace bond, consult an experienced criminal defence lawyer to guide you through the process. A peace bond may offer the second chance you need to leave your legal troubles behind.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.