Peace Bond
A peace bond is a court order requiring a person to keep the peace, be of good behaviour, and abide by listed conditions for a set period — usually 12 months. It does not involve a finding of guilt and does not create a criminal conviction. Two main forms exist: peace bonds under section 810 of the Criminal Code and common law peace bonds.
Section 810 peace bonds
A section 810 peace bond is available where a person fears, on reasonable grounds, that another person will cause personal injury to them, their spouse, common-law partner, or child; or damage their property. The complainant brings an information before a justice. After a hearing — or, more commonly, by consent — the court can issue a peace bond if it is satisfied the fear is reasonably grounded. The order can include any condition the court considers desirable to secure good conduct: no-contact, no-firearms, residence, abstinence, counselling, and so on. Specialized peace bond provisions also exist for fear of terrorism (810.011), criminal organizations (810.01), and serious personal injury offences (810.2).
Common law peace bonds
A common law peace bond derives from the court's inherent authority to prevent breaches of the peace, not from a specific statutory provision. Common law peace bonds are sometimes used in cases that don't fit neatly within section 810 — or where the parties prefer the often slightly lower visibility of a common law bond on routine background checks. Conditions can be similarly broad.
When peace bonds resolve criminal charges
Peace bonds are often offered as a resolution in cases where the Crown has concerns about its case but does not want to simply withdraw the charge. The accused agrees to enter into the peace bond; the Crown then withdraws the charges. The result: no conviction, no criminal record, and conditions for a defined period. Common scenarios include: domestic assault cases with weak evidence or recanting complainants; criminal harassment matters that can be addressed through no-contact conditions; uttering threats matters arising from heated but isolated conduct; and some sexual assault matters where the Crown has serious credibility concerns.
Consequences of a peace bond
A peace bond is not a conviction. It does not appear on a CPIC background check the same way a conviction does. However, it does: create a court record that may surface in some background checks (especially "vulnerable sector" checks); restrict conduct in the ways set out in the conditions; create a separate criminal offence under section 811 if its conditions are breached; and sometimes affect employment, professional licensing, or U.S. travel admissibility, depending on the circumstances.
How Mass Tsang negotiates peace bond resolutions
Peace bonds are a powerful resolution tool — but they are not appropriate in every case. The criminal lawyers at Mass Tsang LLP evaluate each file to determine whether a peace bond is the right outcome — and, where it is, negotiate the most favourable terms possible. For more on peace bonds in Ontario, see our blog post on peace bonds everyone should know about.
Related glossary terms
