Cecily Zamora
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). A peace bond is a court order that requires an individual to agree to specific conditions to prevent potential conflicts or harm. It is a preventative measure used in cases where there is a perceived risk of trouble but insufficient evidence to press criminal charges. In Alberta, peace bonds are commonly used to manage domestic and neighbourhood disputes. A common law peace bond is typically used in smaller communities such as rural towns, while a statutory peace bond is employed by larger municipalities such as Calgary and Edmonton.
| Characteristics | Values |
|---|---|
| Type of Peace Bond | Common Law Peace Bond |
| Used in | Smaller communities, rural towns and courthouses |
| Examples | Canmore, Airdrie, Strathmore |
| Court Order | Required for an individual to agree to specific conditions to prevent potential conflicts or harm |
| Criminal Record | No criminal record is obtained by consenting to enter into a Peace Bond |
| Applicability | Applicable in cases where there is a perceived risk of trouble but not enough evidence to lay formal criminal charges |
| Penalty | Attracts a penalty under s. 127 for a breach of a court order |
| Validity | Up to 1 year |
| Renewal | Cannot be renewed, but a new one can be obtained from the Court |
| Police Involvement | Police officers are less available to survey complainants for fear and swear details in court |
| Complainant's Fear | Complainant's fear need not be current or continuous |
| Evidence Required | Sufficient evidence that the accused will disrupt the peace |
| Court Proceedings | Less complex and emotionally taxing than a criminal trial |
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What You'll Learn
Peace bonds are a type of protection order
In Canada, there are two main variations of peace bonds: the common law peace bond and the section 810 peace bond. The latter is also known as a statutory peace bond. Peace bonds are a type of protection order, and they are preventative court orders that do not require a conviction or a criminal charge. They are often used in criminal cases when there is a potential threat but insufficient grounds for formal charges.
A peace bond is a legal agreement ordered by a court that requires an individual to agree to specific conditions to prevent potential conflicts or harm. It is an agreement between an individual and the court to ensure the safety of personal property and other people. The court may impose specific conditions designed to prevent the defendant from committing harm to the person, their spouse or common-law partner, their child, or from damaging their property.
To obtain a common law peace bond, there must be sufficient evidence that the accused will disrupt the peace should such an order not be made. The complainant must reasonably believe that the accused is going to breach the peace and must provide evidence to support this. A common law peace bond is typically employed in rural courthouses due to fewer police officers being available to survey complainants for fear and swear details in court.
A section 810 peace bond involves a police officer appearing before the court, along with the individual and the judge, to swear under oath that there are reasonable grounds to believe the individual might commit an offence if certain conditions aren't put in place. This type of peace bond can last up to 12 months, while a common law peace bond can last longer.
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They are preventative court orders
A peace bond is a court order that can be issued under Section 810 of the Criminal Code of Canada. It is a preventative measure and a type of protective order designed to keep the peace and protect individuals and communities from potential harm. While it is not a criminal conviction, it is a serious legal matter and can be issued by a court in Alberta under specific circumstances.
When an individual's actions raise concerns about the safety and well-being of others, a peace officer or any person who has reasonable grounds to fear for their safety or the safety of others can apply for a peace bond. This includes situations where there are threats or fears of bodily harm, sexual assault, harassment, or stalking. The peace bond acts as a legal tool to impose conditions on an individual's behavior to ensure the safety and peace of the community.
Once a peace bond application is made, the court will review the case and may issue a temporary peace bond until a full hearing can be held. During this time, the respondent (the person the peace bond is against) must adhere to the conditions set out, which could include restrictions on contact with certain individuals, weapons possession, or attending specific places. At the full hearing, both the applicant and respondent can present their case, after which the court will decide whether to uphold or dismiss the peace bond.
If the court upholds the peace bond, the respondent must follow the imposed conditions, which typically last for a period of one year. These conditions aim to prevent future harm and can include restrictions on behavior, attendance at counseling or treatment programs, and supervision requirements. Breaching a peace bond is a criminal offense, and those found in violation can face serious consequences, including potential criminal charges and imprisonment.
The purpose of a peace bond is not to punish the respondent but rather to protect potential victims and maintain peace in the community. It provides a legal mechanism to address concerns about an individual's behavior without necessarily resorting to criminal prosecution. By issuing a peace bond, the court can proactively intervene and set clear boundaries to prevent potential harm.
It is important to note that a peace bond is a serious matter and should not be taken lightly. Both the applicant and respondent have legal rights and responsibilities throughout the process, and seeking legal advice or assistance is always recommended. Understanding the specifics of the law and one's rights is crucial when navigating the peace bond process in Alberta.
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Peace bonds are used to prevent criminal trials
In Canada, there are two main variations of peace bonds: the common law peace bond and the section 810 peace bond. Both types of peace bonds are preventative measures used to keep the peace and prevent criminal trials.
A peace bond is a court order that requires an individual to agree to specific conditions to prevent potential conflicts or harm. It is often used when there is a perceived risk of trouble but insufficient evidence to lay formal criminal charges. The primary purpose of a peace bond is to prevent conflicts from escalating, whether in personal relationships, neighbourhood disputes, or other situations. It is not a criminal conviction and does not result in a criminal record.
To obtain a common law peace bond, there must be sufficient evidence that the accused will disrupt the peace without such an order. This type of peace bond is typically employed in rural courthouses due to fewer police resources available to survey complainants for fear and swear details in court. A common law peace bond can be granted where the court is satisfied that the complainant has a reasonable apprehension that the accused may breach the peace. The complainant must provide evidence to support their fears, and the court cannot rely on conjecture or speculation.
A section 810 peace bond, on the other hand, involves a police officer appearing before the court 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, while a common law peace bond can last longer.
In both types of peace bonds, the accused does not have to plead guilty or admit any wrongdoing. The peace bond process allows individuals to resolve criminal allegations without a trial, saving court time and reducing the stress of a criminal trial.
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They are granted when there is a risk of harm
In Canada, there are two 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 such as rural towns, while statutory peace bonds are employed by larger municipalities such as Calgary and Edmonton.
Common law peace bonds are granted when there is a risk of harm. They are a type of protection order put in place by the court, ordering that the subject of the 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 should such an order not be made. The complainant must reasonably believe that the accused is going to breach the peace and provide proof to the court in the form of evidence. The court will then decide on a case-by-case basis.
Common law peace bonds are often used as a preventative measure in cases where there is a perceived risk of trouble but not enough evidence to lay formal criminal charges. They are commonly issued in situations where there is concern for potential harm or conflict, such as in domestic and neighbourhood disputes. For example, if someone feels threatened by another person's actions or words but no physical altercation has occurred, a peace bond may be requested to ensure protection and prevent escalation.
The process of obtaining a common law peace bond typically begins with the prosecutor notifying the judge of a 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 as the criminal charges are dropped.
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Peace bonds are not the same as restraining orders
In Canada, there are two main variations of peace bonds: common law peace bonds and section 810 peace bonds (also called statutory peace bonds). A peace bond is a court order that requires a person to keep the peace, be of good behaviour, and obey any other conditions ordered by the Criminal Court. It is a preventative justice measure to prevent certain conduct on the part of the respondent party.
A common law peace bond is typically used in smaller communities such as rural towns where police officers are less available to survey complainants for fear and swear details in court. It requires the accused to acknowledge to a judge that there is a genuine risk of breaching the peace without certain conditions in place. A section 810 peace bond, on the other hand, involves 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.
Peace bonds are often used to resolve criminal allegations without a trial, saving court time and reducing the emotional toll on those involved. They are not considered criminal charges, and agreeing to enter into a peace bond does not result in a criminal record. However, violating the conditions of a peace bond is a criminal offence.
Now, while peace bonds and restraining orders are both protection orders, they have distinct differences. A restraining order is a court order specifically telling someone to stay away from the applicant and not communicate with them in any way. It falls under family law proceedings. Obtaining a restraining order requires attending the Court of Queen's Bench, and it is recommended to consult a lawyer. In contrast, a peace bond does not require obtaining a lawyer, although it is beneficial to seek legal advice for more complex cases. Additionally, peace bonds are obtained through criminal court, and a violation of a peace bond is a criminal offence.
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Frequently asked questions
A common law peace bond is a protection order put in place by a court, requiring that an individual keeps the peace and does not breach the peace. It is typically used in smaller communities such as rural towns.
To obtain a common law peace bond, you must present evidence to the court that the accused will disrupt the peace should an order not be made. You can consult a lawyer to help you, or you can go to the local courthouse and ask to see a clerk of the criminal court.
A common law peace bond can last longer than 12 months. There is no minimum or maximum timeline.
Breaching the conditions of a peace bond can result in criminal charges.
