Recognizance
A recognizance is a formal promise made to the court — backed by a pledge of money — to comply with stated conditions for a defined period. In criminal practice, recognizances arise in two main contexts: as the form of bail release under section 515 of the Criminal Code; and as the form of peace bonds under section 810. In both contexts, the person enters into the recognizance personally, and the document sets out the conditions and the pledged amount.
Mass Tsang's bail hearing lawyers prepare recognizances carefully — both for the conditions themselves and for the consequences of any breach. For more, see our explainer on seeking pre-trial release.
Recognizance vs. undertaking
An undertaking under section 501 is a less formal promise to comply with conditions, used for police releases and some bail releases. A recognizance is more formal, typically used at judicial bail hearings, and often involves both the accused and one or more sureties. The distinction is procedural: both forms create binding court-ordered obligations.
How the pledge works
When entering a recognizance, the accused (and any surety) pledges an amount of money. The money is rarely deposited up front in cash — most recognizances are "on paper," meaning the pledge is recorded and only collected on breach. Where the accused breaches or fails to attend court, the Crown can apply to have the recognizance estreated — meaning the pledged amount becomes payable to the court. Estreatment proceedings give the surety an opportunity to be heard on whether collection is just.
Conditions of the recognizance
A recognizance contains: identification of the person (and any sureties); the offence(s) charged or feared; the date of the next court appearance; the pledged amount; the statutory mandatory conditions (keep the peace, attend court, etc.); and any optional conditions imposed by the court. Conditions can be varied with Crown consent or by bail review.
Sureties on the recognizance
Where one or more sureties are required, they also sign the recognizance and pledge their own amount. The surety's pledge is in addition to the accused's. The surety's obligation continues until the case ends, until the surety formally withdraws (with court approval and surrender of the accused), or until the conditions of the recognizance are otherwise discharged.
Peace bond recognizances
Peace bond recognizances under section 810 follow the same form but arise from a different procedural context. The person consents to enter the recognizance to avoid criminal prosecution. The conditions are typically similar to bail conditions — no-contact, no-firearms, abstinence, residence — but the recognizance is for a defined period (usually 12 months), at the end of which it expires.
Related glossary terms
