Purser Law Blog

What is a Peacebond?

In Canada, a peacebond is a court order that requires someone to “maintain the peace” and follow any other conditions put in place by the court. By entering a peace bond, you agree to not get into trouble (i.e., criminal, regulatory or otherwise) and follow certain additional conditions for a period of time, usually 12 to 18 months. Once the Court places you on a peacebond, and you sign the required paperwork, the charges (usually criminal) against you are withdrawn. A peacebond is often considered a favorable resolution for those facing criminal charges, because it does not require you to admit any facts supporting a criminal charge nor does it result in a criminal record.

While entering a peace bond does not equate to pleading guilty because the charges are withdrawn and no conviction is recorded, an active peace bond may be flagged on certain background checks, such as a vulnerable sector check. This is why it is important to get good advice from an experienced Edmonton Criminal lawyer before entering into a peacebond. 

What Kinds of Peacebonds are There?

There are two different kinds of peace bonds in Canada: a section 810 peacebond and a common law peacebond. The authority to impose a section 810 peacebond is statutory and stems from the Criminal Code of Canada. In contrast, the authority to impose a common law peacebond originates from the court’s long-standing authority to order a person to keep the peace and be of good behaviour.

There are two major differences between a section 810 peace bond and a common law peace bond. First, a section 810 peace bond can only be imposed if you admit that there are reasonable grounds to believe that you “will cause personal injury to them or to their intimate partner or child or will damage their property” or that you (b) will commit an offence under section 162.1 (i.e. distribute intimate image without the consent of the person depicted in the images). In contrast, a common law peace bond can be imposed if the court is satisfied that the accused has done something that would cause a reasonable person to believe that they may breach the peace sometime in the future. In this sense, a common law peacebond has wider-ranging application, but is generally considered to be less serious. The second difference between a section 810 peacebond and a common law peace bond is that of duration. A section 810 peace bond can only be imposed for a maximum of 12 months, whereas a common law peacebond can be imposed for a longer period of time.

The Conditions of a Peace Bond and The Consequences of a Breach

The conditions imposed under a peace bond will always include a requirement to keep the peace and be of good behaviour. Other conditions often include not having contact with certain individuals or attending at their place of education, employment or worship. Other peacebonds have conditions aimed at rehabilitation and require the person to not to consume alcohol or other intoxicating substances, report to a probation officer and attend for treatment and counselling as direction. 

Breaching a peacebond has serious consequences, including losing the amount of money that attaches to the peacebond or facing additional charges under the Criminal Code. Again, this is why it is important to get a knowledgeable Edmonton criminal lawyer before entering into a peacebond. 

Considering Whether to Enter into a Peacebond

Determining whether it is a good idea to agree to a peacebond, instead of proceeding to trial, can be difficult. This decision can only be made by the accused person themselves and requires considering the strength of the crown's case, your criminal history, and the nature of the relationships involved. The right decision will not always be immediately clear. However, the lawyers at Purser Law have significant trial experience and will be able to talk you through any decision that may arise with your criminal charges. 

If you have been charged with a criminal offence and are considering entering into a peacebond, contact Purser Law now for your free 30-minute consultation at 780-851-7435.