A peace bond is not a guilty plea. Entering into a peace bond requires an acknowledgment that there has been an apprehension of the breach of the peace and that a peace bond is required to prevent any further breach. By accepting a peace bond, the client does not admit the alleged facts, only that there was an apprehension of the breach of the peace. This is NOT an admission of guilt or an admission of the allegations.
A peace bond is an undertaking or commitment to abide by a set of conditions for a set time period.
These conditions are case specific. Your lawyer at Roulston Urquhart will negotiate these conditions with the Crown Prosecutor and work to represent your best interests. The presiding Judge will make the final determination of the conditions enforced.
What is an example of a peace bond that I can receive?
A peace bond is a resolution option for a variety of charges. For instance, an individual may be eligible for a 12-month peace bond after uttering threats against their intimate partner.
This bond will require you to:
- Keep the peace and be of good behaviour
- Report to your probation officer and notify of any change of address
- Possess no weapons (except for cooking or work)
- Maintain no alcohol or drug use
This bond may require you to:
- Maintain a no-contact order with the opposing party (including entering their home or workplace)
- Attend various types of mandatory counselling (Eg. substance abuse, domestic violence, anger management)
- Provide proof of attendance for potential counselling
- Maintain a no-go order to enter certain locations (Eg. bars, liquor stores, cannabis dispensaries)
If you disobey a peace bond and the agreement is breached, a payment of $1,000 or more may be required.
Will I receive a criminal record with a peace bond?
The Crown Prosecutor will withdraw your charge upon entering into a peace bond. If you successfully follow the conditions outlined in your peace bond for the specificized time period, you will not have a criminal record. It is crucial to note that if you breach a condition of your peace bond then you may face new and additional charges for failure to comply with a court order.
How do I know if I am eligible for a peace bond?
Your lawyer at Roulston Urquhart will present and thoroughly explain potential consequences of all available options to resolve your matter. Only certain types of criminal charges are eligible for obtaining a peace bond. The lawyers at Roulston Urquhart have years of experience negotiating peace bonds for clients with Crown Prosecutors and receiving the best conditions possible for their clients.
Can I still live with my spouse and children if I accept a peace bond?
If you receive a peace bond because of a criminal charge against your spouse or family, there may be a condition listed of no-contact with specific family members or a no-go order to the family home. Receiving this condition is dependent on whether the complainant states they have reasonable fear of further violence.
There are two main types of peace bonds, either a common law or section 810 of the Criminal Code. If the complainant informs the investigative organization, HomeFront, that they have ongoing fear of violence, for example, a section 810 peace bond is applicable. If there is not an ongoing fear but there is a reasonable belief that the accused may breach the peace in the future, then a common law peace bond may be suitable.
Will a peace bond affect my job?
Often the conditions put in place by a peace bond ought not to affect a client’s ability to retain their employment if the charge is unrelated to their work. However, there will be a problem if the complainant and the client have the same workplace, school, or place of worship if a no-contact and or no-go order may be put in place.
After my peace bond is complete, can I travel internationally?
Your peace bond is not a criminal record. It may be flagged by an international country if you are travelling during your peace bond. Unless it is a specific condition of your peace bond that travelling internationally is restricted, you likely will not face any difficulty travelling. However, this will be dependent on that specific country’s policies which may change over time.