Common Law Peace Bond
A common law peace bond is a court-ordered bond, similar in effect to a section 810 peace bond but derived from the court's inherent common-law authority rather than a specific statutory provision. The peace bond requires the defendant to keep the peace, be of good behaviour, and abide by listed conditions for a defined period — typically 12 months. Like a section 810 bond, it does not involve a finding of guilt or create a criminal conviction.
Mass Tsang's criminal lawyers negotiate both common law and section 810 peace bonds across the GTA. For more on peace bond resolutions, see our blog post on peace bonds everyone should know about.
Origin and authority
The common law peace bond traces back to the long-standing authority of courts to bind individuals to keep the peace in the King's name. The Supreme Court has confirmed the continuing validity of the common-law power. The bond exists alongside — not in place of — statutory peace bond provisions, and is used where the matter doesn't fit neatly within section 810 or where the parties prefer the common-law version.
When common law peace bonds are used
Common law peace bonds are most often used as resolution outcomes in criminal cases. Where the Crown has weaknesses in its evidence but is unwilling to simply withdraw, agreement on a common law peace bond can resolve the case: the defendant enters the bond, and the Crown withdraws the charges. Common scenarios include domestic-related matters, harassment cases with weak evidence, and threats cases arising from isolated heated incidents.
Differences from section 810
Section 810 bonds require a complainant who fears bodily harm or property damage. Common law bonds do not require a specific statutory predicate — the court's general authority to prevent breaches of the peace suffices. Some observers consider common law peace bonds slightly less visible on routine background checks than section 810 bonds, though both can surface in vulnerable-sector checks. The conditions can be similarly broad: no-contact, no-firearms, residence, abstinence, counselling, geographic restrictions.
Breach consequences
Breaching a common law peace bond can lead to forfeiture of any pledged amount, fresh charges (in some configurations), and a return to the original criminal allegations. The bond's value as a resolution outcome depends on the defendant's actual compliance over its term.
Related glossary terms
