Section 810 Peace Bonds Explained

The short answer

A peace bond is a court order, called a recognizance, that requires you to keep the peace and be of good behaviour for up to 12 months under s. 810 of the Criminal Code. It usually comes with conditions, such as no contact with a certain person or staying away from a certain place. Although a peace bond is neither a criminal charge nor a conviction, breaking any of its conditions is a crime, so it is important to understand exactly what you are agreeing to before you sign.

When a peace bond can be ordered

A person can ask for a peace bond if they fear, on reasonable grounds, that someone will do one of the following things:

• Injure them, their intimate partner or their child.
• Damage their property.
• Share intimate images of them without their consent.

The justice must be satisfied that the fear is based on reasonable grounds. A peace bond is meant to prevent future harm, so the focus is on whether the fear is reasonable, not on proving that a crime was committed in the past.

Two common ways peace bonds happen

1. To resolve a criminal charge: The Crown withdraws the charge, and you agree to enter a peace bond. See peace bond instead of a criminal charge.
2. On a private application: Someone applies directly to a justice of the peace, without any criminal charge being laid. See peace bond applications in Ontario.

In both situations, the result is the same kind of court order, with the same rules about length, conditions and breach. The main difference lies in how the process begins and who is responsible for presenting the information to the court, which affects how much room there is to negotiate the conditions.

What happens at court

1. The proposal: The Crown or the applicant proposes a peace bond and a list of conditions.
2. Review: Your lawyer reviews the conditions with you and, where needed, negotiates changes.
3. In the courtroom: The justice reads the terms of the peace bond to you and confirms that you understand them.
4. Signing: You sign the recognizance, and the peace bond begins that day.

You do not admit to committing any offence, because you only accept that the other person has reasonable grounds for their fear.

How long it lasts

A peace bond under s. 810 lasts up to 12 months. If the court orders a peace bond and you refuse to enter it, the court can send you to jail for up to 12 months (s. 810(3.01)). That is why the real decision point is before the order is made, when you can still negotiate the conditions or contest the application.

Common conditions

The court can add any reasonable conditions it considers desirable (s. 810(3.02)). Common conditions include:

• No direct or indirect contact with the protected person, including through social media or other people.
• Staying away from the protected person's home, work or school.
• No weapons, because the court must consider a weapons condition in every case (s. 810(3.1)).
• No drugs or alcohol, in some cases.

The court must also consider no-contact and stay-away conditions to protect the person who asked for the bond, and those conditions are usually the most important ones to understand.

For example, a peace bond in a neighbour dispute might simply require you to stay off the neighbour's property and not contact them. One in a family dispute might include conditions about where you can live.

Weapons conditions and firearms licences

Because the court must consider a weapons condition in every case, people who hunt, sport-shoot or need firearms for work should get advice before agreeing to a peace bond. A weapons condition may require you to surrender firearms and your licence for the length of the order. In some cases, a lawyer can negotiate how and where firearms will be stored or transferred.

Changing the conditions

Either party can apply to the court to change the conditions of a peace bond (s. 810(4.1)). This can help if your housing, work or family situation changes significantly after the order is made, such as a new job near the protected person's home or a change in parenting arrangements. Until a change is actually made by the court, you must follow the order exactly as it is written.

Effects beyond the order

A peace bond does not create a criminal record, because it is not a conviction. However, it appears on police databases while it is in force, and it may be disclosed on some police checks during that time. It can also affect firearms licences, travel and some jobs while it is active. See does a peace bond show up on a background check?

What to do now

• Read every proposed condition carefully before your court date.
• Think about how each condition would affect your home, work, children and travel.
• Do not contact the person who asked for the bond, even to discuss the proposed conditions or to apologize.
• Get legal advice before you agree to anything.

Who a peace bond can protect

A peace bond is usually made to protect the person who applied for it, but the law also recognizes fears about harm to that person's intimate partner or child. That means the conditions can sometimes extend to members of the applicant's household, such as a spouse or children, when the evidence shows a reasonable fear for their safety as well. The conditions should be clear about exactly who is protected, so that you know which people and places you must avoid.

How a peace bond differs from bail conditions

People who are charged with an offence are often released on bail conditions that look very similar to peace bond conditions, such as no contact with a complainant. The difference is that bail conditions apply only while the criminal case is ongoing, while a peace bond is a separate order that continues for its full term, usually after the criminal charge has been withdrawn. If you move from bail conditions to a peace bond, read the new conditions carefully, because they may be narrower or broader than the ones you were following before.

How we can help

We can review the proposed conditions before you agree to them, and make sure they work with your home, job, children and firearms licence. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions