Breaching a Peace Bond (Section 811)

The short answer

A peace bond is not a conviction. However, breaking any of its conditions is a new criminal offence under s. 811, and a conviction for the breach creates a criminal record. In other words, a peace bond that was meant to keep your record clean can lead to a record if a condition is broken. That is why following every condition, exactly as written, matters so much.

What counts as a breach

• Contacting the protected person, directly or through someone else.
• Going to a place you are banned from.
• Having a weapon when the bond bans weapons.
• Committing a new offence, which breaks the condition to keep the peace.

Replying when the other person contacts you first is still a breach. The conditions apply to you, not to the protected person, so their decision to contact you does not change your obligations.

What the Crown must prove

Penalties

• By indictment: The maximum is 4 years in jail.
• By summary conviction: The maximum is 2 years less a day, a fine of up to $5,000, or both.

A breach can also make other cases harder:

• Breaking a peace bond while committing criminal harassment is an aggravating factor at sentencing (s. 264(4)).
• In intimate partner cases, being on a peace bond taken out for a partner can create a reverse onus at bail on a new charge (s. 515(6)(b.1)).

What happens after a breach charge

1. Arrest: Police may arrest you and either release you or hold you for a bail hearing.
2. Bail: In some intimate partner cases, you may have to show why you should be released.
3. Disclosure: The Crown provides the evidence, such as messages, witness statements or video.
4. Resolution or trial: The case either resolves or goes to trial, where the Crown must prove every element.

The evidence in a typical case

Breach cases often rely on text messages, social media activity, call logs, witness statements or video from a home or business. Messages must be linked to you, and the timing must fall within the period of the peace bond. Screenshots can be incomplete or taken out of context, so the full conversation is often important.

Possible defences

• No valid order: The bond was invalid or had already expired.
• No knowledge: You did not know about the condition.
• Accidental contact: The contact was accidental, and you left right away.
• No proof: The evidence does not prove that contact actually happened.

For example, seeing the protected person by chance in a grocery store and leaving immediately is very different from going to their workplace.

Possible outcomes

Changing the conditions instead

If a condition is causing real problems, either party can ask the court to change it (s. 810(4.1)). Asking for a change is always better than breaking the condition.

Contact through other people

Most peace bonds forbid both direct and indirect contact, which means that passing messages through friends, relatives or co-workers can be a breach even if you never speak to the protected person yourself. Asking someone to deliver an apology, a gift or a request to talk can all be treated as indirect contact. If you need to communicate about a practical matter, such as shared property or children, ask your lawyer whether the conditions allow contact through a lawyer or a family court process.

Social media and online contact

Online activity can also lead to breach charges. Sending a message, tagging the protected person in a post, commenting on their content or using another account to reach them can each be treated as contact, depending on the wording of the conditions. Even posts that are not sent directly to the protected person may raise concerns if they appear to be aimed at that person. The safest approach is to avoid any online interaction with the protected person, or with posts about them, for the full length of the order.

Sentencing for a breach

When a person is convicted of breaching a peace bond, the court considers how serious the breach was, whether it involved threats or violence, whether it was deliberate, and whether the person has breached court orders before. A single accidental message is treated very differently from repeated contact or a visit to the protected person's home. Courts generally treat breaches of orders that protect people from harm as serious, because these orders depend on being followed.

Bail after a breach charge

When police lay a breach charge, they may release you with conditions or hold you for a bail hearing, depending on the seriousness of the allegation and your history. In intimate partner cases, a previous peace bond protecting a partner can shift the burden to you at the bail hearing, which means you must show why you should be released. A detailed release plan, sometimes with a surety, can make a significant difference to whether you are released and on what conditions.

Preventing a breach

The strongest protection against a breach charge is a clear understanding of every condition. Keep a copy of the order with you, note the exact addresses you must avoid, and block or mute the protected person on social media so that accidental interactions are less likely. If the protected person contacts you, do not respond, keep a record of the contact and speak to a lawyer about whether the conditions need to be changed.

How we can help

We can review the evidence of the breach, look for a defence and help you apply to change conditions that do not work. Call (647) 223-1980 for a free consultation.

Frequently asked questions