Peace Bond vs Conditional Discharge

The short answer

Both a peace bond and a conditional discharge avoid a criminal conviction. The key difference is that a discharge comes with a finding of guilt, and a peace bond does not. For that reason, a peace bond is usually the better outcome when it is available, particularly for people who travel, hold professional licences or are not Canadian citizens. Understanding how each one works can help you make an informed decision when the Crown makes an offer.

Peace bond (s. 810)

• There is no plea and no finding of guilt.
• It is not a conviction, and it lasts up to 12 months.
• You must keep the peace and follow set conditions.
• Breaking it is a new offence under s. 811.

Conditional discharge (s. 730)

• There is a finding of guilt, after a guilty plea or a trial.
• It is not a conviction, as long as you complete probation, which can last up to 3 years.
• Breaking probation can be a new offence, and the discharge can be replaced with a conviction.
• It is kept in police records for a set period.

When each is used

• Peace bond: The Crown usually offers it before trial, in exchange for withdrawing the charge. It is common for minor assaults, threats and harassment.
• Conditional discharge: A judge imposes it at sentencing, after a guilty plea or a finding of guilt.

How each one happens in court

A peace bond usually happens at an early stage, often before any trial date is set. The Crown withdraws the charge, and you sign the recognizance in court. A conditional discharge happens at sentencing, which means you must first plead guilty or be found guilty after a trial. The judge then decides whether a discharge is in your best interests and not contrary to the public interest, which is the test in s. 730.

Why a peace bond is usually better

Because there is no finding of guilt, a peace bond usually has fewer consequences for immigration, travel and employment. Some agencies and employers ask whether you have ever been found guilty of an offence. With a discharge, the honest answer is yes, while with a peace bond it is no.

When a discharge may be the realistic option

If the Crown will not offer a peace bond, a discharge may be the strongest available outcome that avoids a conviction. It can be argued for at sentencing, especially for a first offence. See conditional and absolute discharges.

What happens to your record

A peace bond appears on police databases while it is in force. A conditional discharge is kept in the national police system and, under the Criminal Records Act, is removed 3 years after the discharge is granted, as long as you stay out of trouble. An absolute discharge is removed after 1 year. Neither outcome is a conviction, but a discharge records that you were found guilty.

Conditions compared

The conditions in a peace bond and in a conditional discharge's probation order can look similar. Both often include no contact with a certain person and staying away from certain places. However, probation can last up to 3 years, may require reporting to a probation officer and can include counselling or community service. A peace bond lasts up to 12 months and usually has fewer conditions.

What to do now

• Ask your lawyer whether a peace bond has been discussed with the Crown.
• If you are not a Canadian citizen, get immigration advice before you accept any resolution.
• Gather information about your work, family and any counselling, which can support either outcome.

Which outcome fits your situation

Whether a peace bond or a discharge is realistic depends largely on the strength of the Crown's case, the seriousness of the allegation and your history. A peace bond is most often offered when the allegation is minor, there were no serious injuries and the main concern is preventing future contact. A discharge is more often the realistic outcome when the Crown believes it can prove the charge but the circumstances show that a conviction would be out of proportion to what happened, particularly for a person with no prior record.

Professional licences and regulators

Many regulated professions, such as nursing, teaching, law and real estate, ask members to report charges, findings of guilt or convictions to their regulator. Because a discharge involves a finding of guilt, it may need to be reported in situations where a peace bond would not, depending on the wording of the regulator's rules. If you hold a professional licence, it is important to check those rules, or get advice, before you decide how to resolve a criminal charge.

Probation reporting

A conditional discharge usually comes with a probation order, and many probation orders require you to report to a probation officer on a regular schedule, sometimes for months or years. Missing appointments or ignoring a condition can lead to a new charge for breaching probation, and the court can also replace the discharge with a conviction. A peace bond does not usually involve reporting to a probation officer, which makes it simpler to follow for most people.

Questions to ask before you decide

Before you accept any resolution, it is worth asking your lawyer how strong the Crown's evidence really is, whether a full withdrawal might be possible, and how each outcome would affect your work, travel, immigration status and firearms licence. Answering these questions carefully, with full information about your circumstances, helps ensure that the outcome you choose is the one that most effectively protects your future rather than simply the fastest way to end the case.

How we can help

We can push for a peace bond where possible, and argue for a discharge at sentencing if it is not. Call (647) 223-1980 for a free consultation.

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