Gavin Howe
A common law peace bond is a court-ordered protection measure to prevent an individual (the defendant) from breaching the peace or committing a criminal offence. It is typically employed in rural areas due to limited police resources and does not require the presence of a police officer in court. To obtain a common law peace bond, the complainant must provide sufficient evidence to the court that the accused is likely to disrupt the peace or commit an offence. This type of peace bond has a broader scope than a Section 810 peace bond, and there is no maximum duration for its validity. It is important to note that a common law peace bond is not a criminal conviction, and it can be beneficial for the accused as criminal charges are typically withdrawn upon entering into the peace bond.
| Characteristics | Values |
|---|---|
| Purpose | To ensure amicability between the parties |
| Applicability | Typically used in smaller communities such as rural towns |
| Criminal conviction | Not a criminal conviction |
| Criminal charges | Criminal charges are withdrawn once the accused enters into a peace bond |
| Requirements | Requires Crown consent; accused is placed on a recognizance for a set period of time (usually 12 months) |
| Conditions | The accused will be forced to abide by a set of conditions (often counselling) |
| Evidence required | Sufficient evidence that the accused will disrupt the peace must be provided |
| Fear | The accused does not have to instill a current or continuous fear in the complainant |
| Scope | Broader in scope than a section 810 peace bond |
| Sworn information | A sworn statement is not necessary |
| Duration | No maximum duration; can last longer than 12 months |
| Applicant representation | The applicant may be represented by a lawyer during the hearing, but it is not mandatory |
| Applicability | Often granted in cases involving minor assaults or thefts |
| Accused plea | The accused will not be required to plead guilty or admit any criminal or civil wrongdoing |
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What You'll Learn
- Common law peace bonds are a means to ensure amicability between parties
- They are beneficial to the accused as criminal charges are withdrawn
- They are typically used in smaller communities, like rural towns
- They are preventative justice, issued when there are reasonable grounds to believe the accused may commit a criminal act
- Common law peace bonds can be granted in a wider variety of situations than a section 810 peace bond
Common law peace bonds are a means to ensure amicability between parties
Peace bonds are a means to ensure amicability between parties. They are a form of recognizance, or pledge to a judge or justice, to abide by certain conditions. In Canada, there are two main variations of peace bonds: the common law peace bond and the statutory peace bond (also known as a section 810 peace bond).
Common law peace bonds are typically used in smaller communities, such as rural towns and courthouses, due to a lower police presence. They are often granted in cases involving minor assaults or thefts, where the allegations are not serious enough to warrant a criminal conviction. To obtain a common law peace bond, there must be sufficient evidence that the accused will disrupt the peace without such an order in place. However, it is not necessary for the accused to have committed a criminal offence or for the complainant to have a continuous fear of the accused.
The process of obtaining a common law peace bond begins with the prosecutor notifying the judge of their concern that the accused might breach the peace. The accused then approves, and the judge produces an order for the accused to enter the peace bond. At this point, the accused signs a recognizance, and the criminal charges are dropped. Common law peace bonds can last longer than 12 months, with no maximum duration, as they are issued at the court's discretion.
By contrast, section 810 peace bonds involve a police officer appearing before the court to swear under oath that there are reasonable grounds to believe the accused might commit an offence without certain conditions in place. These peace bonds can last up to 12 months and are more commonly employed by larger municipalities.
Overall, peace bonds provide a means to ensure amicability between parties by allowing accused individuals to move past criminal charges and avoid the complexities and emotional toll of a criminal trial. They also enable the prevention of harm to individuals, their spouses or partners, their children, or their property.
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They are beneficial to the accused as criminal charges are withdrawn
A peace bond is a pledge to a judge or justice to abide by certain conditions. It is a means to ensure amicability between the parties involved. While you always have the right to go to trial, a peace bond can be a practical way to shorten your time in the criminal justice system and reduce the stress of the process.
A common law peace bond is a protection order put in place by the court, ordering that the subject of the peace bond does not breach the peace. It is beneficial to the accused as criminal charges are withdrawn once they enter into a peace bond. The accused will not be required to plead guilty or to admit any criminal or civil wrongdoing. The Crown will withdraw the criminal charge against the accused. A common law peace bond does not require a sworn information or a police officer to appear in court. It also has a wider scope than a section 810 peace bond. It is based on a reasonably apprehended breach of the peace. It can be granted where the court is satisfied that the complainant has a reasonable apprehension that the accused may breach the peace. This fear need not be specifically stated by the complainant as the court can infer it from the totality of the evidence received.
A common law peace bond is often granted when an individual is charged criminally, but the allegations are not serious enough to warrant a criminal conviction. It is seen as a form of preventative justice. It is not a criminal conviction. It does not mean that the accused has committed a criminal offence. A common law peace bond will not appear on your criminal record once it is no longer active.
A section 810 peace bond, on the other hand, involves a police officer appearing before the court, along with the judge and the accused, to swear under oath that there are reasonable grounds to believe the accused might commit an offence if certain conditions aren't put in place. This type of peace bond can last up to 12 months and has a more limited scope than a common law peace bond.
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They are typically used in smaller communities, like rural towns
A peace bond is a form of recognizance, or pledge to a judge or justice, to abide by certain conditions. They are used to ensure amicability between parties and are beneficial to the accused as criminal charges are withdrawn once they enter into a peace bond. In Canada, there are two main types of peace bonds: the common law peace bond and the statutory peace bond (also known as a section 810 peace bond).
Common law peace bonds are typically used in smaller communities, like rural towns. They are often employed in rural courthouses due to a lower police presence to survey complainants for fear and swear details in court. A common law peace bond is a protection order put in place by the court, ordering that the subject of the peace bond does not breach the peace. To obtain a common law peace bond, there must be sufficient evidence that the accused will disrupt the peace without such an order in place. However, it is not necessary that the accused has committed a criminal offence or that the complainant has an ongoing fear of the accused.
Common law peace bonds are seen as preventative, and the court may issue one if there are reasonable grounds to believe the accused may commit a criminal act in the near future or breach the peace. The complainant must provide evidence to the court that they have a reasonable apprehension that the accused is going to breach the peace. The court cannot rely on conjecture or speculation. Common law peace bonds can be granted in a wider variety of situations than a section 810 peace bond and may be granted for longer than 12 months, with no maximum duration.
Common law peace bonds are often granted in cases involving minor assaults or thefts. For example, an individual charged with assault for grabbing their intimate partner may be granted a peace bond due to the minor nature of the offence. The accused will appear in court and formally enter into the peace bond, but they will not be required to plead guilty or admit any criminal or civil wrongdoing. Once the accused has entered into the peace bond, the criminal charges are withdrawn.
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They are preventative justice, issued when there are reasonable grounds to believe the accused may commit a criminal act
A common law peace bond is a protection order put in place by a court, which orders that the subject of the peace bond does not breach the peace. They are preventative justice, issued when there are reasonable grounds to believe the accused may commit a criminal act. The court must be satisfied that the complainant has a reasonable apprehension that the accused may breach the peace. The complainant must provide proof to the court, in the form of evidence, that they have a reasonable fear that the accused is going to breach the peace. The court cannot rely on conjecture or speculation.
Common law peace bonds are often granted when an individual is charged criminally, but the allegations are not serious enough to warrant a criminal conviction. They are beneficial to the accused as the criminal charges are withdrawn once they enter into a peace bond. During this time, the accused will be forced to abide by a set of conditions (often counselling). A common law peace bond may be issued when there is insufficient police presence to survey complainants for fear and swear details in court.
A common law peace bond has a wider scope than a section 810 peace bond, and it is not necessary that a sworn statement be laid. This means that common law peace bonds can be granted in a wider variety of situations than a section 810 peace bond. A peace bond is not a criminal conviction. However, violating a condition of a peace bond is a criminal offence. An individual who breaches a condition of their peace bond may be charged with a breach of recognizance offence or a disobeying a court order offence.
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Common law peace bonds can be granted in a wider variety of situations than a section 810 peace bond
In Canada, there are two main types of peace bonds: common law peace bonds and section 810 peace bonds (also known as statutory peace bonds). While both types of peace bonds are used to ensure amicability between parties, common law peace bonds can be granted in a wider variety of situations than section 810 peace bonds.
A common law peace bond is a protection order put in place by a court, ordering that the subject of the peace bond does not breach the peace. It is typically used in smaller communities, such as rural towns, and does not require a sworn information. This means that a common law peace bond can be granted based on a broader range of factors and evidence presented to the court. The court must be satisfied that there are reasonable grounds to believe that the accused may breach the peace or commit a criminal act in the near future. This determination is made on a case-by-case basis and can include various factors such as the nature of the allegations, the risk of harm, and the availability of police resources.
In contrast, a section 810 peace bond is more commonly employed by larger municipalities and requires the involvement of a police officer who appears in court to swear under oath that there are reasonable grounds to believe the accused might commit an offence if certain conditions are not put in place. This type of peace bond has a more specific and limited scope, focusing on the fear of personal injury, harm to a spouse or common-law partner, harm to a child, or damage to property.
The duration of a peace bond is also an important distinction between the two types. A section 810 peace bond typically lasts up to 12 months, while a common law peace bond has no maximum duration and can be in place for as long as the court deems necessary.
It is important to note that a peace bond is not a criminal conviction and does not imply guilt. Instead, it is a preventative measure to ensure the maintenance of peace and the safety of individuals, their families, and their property.
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