Resolving a Criminal Charge With a Peace Bond

The short answer

A peace bond is one of the most common ways to end a minor criminal charge in Ontario. The Crown withdraws the charge, and you agree to keep the peace and follow conditions, usually for 12 months. There is no plea, no finding of guilt and no conviction. For many people, it is the fastest way to end a case without a criminal record, but it is not always the right choice, so the decision deserves careful thought.

How it works

1. Disclosure: Your lawyer reviews the Crown's evidence before any resolution is discussed.
2. Discussion: Your lawyer and the Crown discuss the case, and the Crown may agree to withdraw the charge if you enter a peace bond.
3. In court: You accept that the complainant has reasonable grounds to fear harm from you, without admitting the offence.
4. Withdrawal: The charge is withdrawn, and the peace bond begins.

The whole process usually takes only a few minutes in the courtroom once the terms have been agreed.

Charges often resolved this way

Charges that are often resolved with a peace bond include common assault, uttering threats, criminal harassment and mischief, especially when the dispute is between neighbours or acquaintances.

In domestic cases, Ontario's Crown Prosecution Manual (D. 23) allows a charge to be withdrawn in exchange for a peace bond only in exceptional cases, with approval from the Crown Attorney or a designate. As a result, peace bonds are much harder to obtain when the complainant is a current or former partner.

What the Crown considers

When deciding whether to offer a peace bond, the Crown usually considers the strength of the evidence, the seriousness of the allegation, whether anyone was injured, your criminal history and the views of the complainant. The Crown may also consider whether the conditions of a peace bond would adequately protect the complainant. A lawyer can present information about you, such as counselling or a stable work history, that may make a peace bond more likely.

Why a peace bond can be a good outcome

• There is no finding of guilt and no criminal conviction.
• There is no criminal record from the charge.
• The case ends quickly, without the stress, cost and risk of a trial.

For example, someone facing an uttering threats charge from a heated argument with a neighbour may be able to end the case with a peace bond requiring them to stay away for a year.

What to consider before agreeing

• Weapons: The court must consider a weapons ban, which can affect hunters and firearms licence holders.
• No-contact conditions: These can affect shared children, work or housing.
• Breach risk: Breaking the bond is a new criminal offence.
• Your case: If the Crown's case is weak, a full withdrawal or an acquittal may be possible. Make sure a peace bond is really the right option before you agree.

Release conditions until the peace bond is entered

Until the charge is withdrawn and the peace bond begins, your original release conditions still apply. Many people assume that once a peace bond has been discussed, they can relax their conditions, but that is not the case. Any contact that breaks your release conditions before the peace bond is entered can lead to a new charge and may cause the Crown to withdraw its offer.

Possible outcomes

Effects beyond the order

Because a peace bond is not a conviction, it usually has fewer consequences for immigration, travel and employment than other outcomes. However, it appears on police databases while it is in force. Police may also keep fingerprints and photographs from the original charge, which you can usually apply to have destroyed once the peace bond ends.

What to do now

• Follow your release conditions exactly until the charge is withdrawn.
• Gather information about your work, family and any counselling, which may help your lawyer.
• Think about which conditions would cause problems for your home, work or children.
• Do not agree to a peace bond without first understanding the strength of the Crown's case.

Negotiating the conditions

The conditions of a peace bond are often open to negotiation before the order is made, and a careful review at this stage can prevent serious problems later. For example, a lawyer may be able to narrow a stay-away condition so that you can still attend your workplace, place of worship or your children's school, or add an exception that allows contact through a lawyer or a family court process. Once the order is signed, changing it requires a court application, so it is far easier to get the conditions right at the beginning.

If the complainant does not want a peace bond

Sometimes the complainant tells the Crown that they no longer want the case to continue or that they do not want any order at all. The Crown will consider those views, but the final decision about how to resolve the charge belongs to the Crown, not to the complainant. In some cases, the complainant's wishes may support a full withdrawal, while in others the Crown may still insist on a peace bond to address safety concerns that it believes remain.

Timing and disclosure

A peace bond offer is often made early in a case, sometimes at the first or second court appearance, but it is usually wise to review the disclosure before accepting it. The disclosure may reveal weaknesses in the Crown's evidence, such as inconsistent statements or a lack of independent witnesses, which could support a full withdrawal instead.

How we can help

We can review the disclosure, tell you whether a peace bond is your strongest option and negotiate conditions you can actually live with. Call (647) 223-1980 for a free consultation.

Frequently asked questions