Peace bond is a court order. It is also known as a recognizance. There are two different types of peace bonds: one is issued under section 810 of the Criminal Code, and the other is issued by a judge under common law. Fundamentally, there are no differences between a section 810 peace bond under the Criminal Code or a common law peace bond. They are both a preventative order.
For a peace bond to be issued, a presiding judge must be satisfied, on a balance of probabilities, that one person may cause the complainant a reasonable fear or property damage.
A peace bond may contain terms such as keeping the peace and being of good behaviour; not contacting or being near the complainant; not possessing weapons; and/or counseling.
Section 810 peace bond can be as long as one year, while a common law peace bond can be longer than one year.
What are the consequences of breaching a term on the peace bond?
Breaching a term on a peace bond can lead to additional criminal charges, such as Failing to Comply with a Court Order.
What could happen if I refuse to sign a peace bond?
When someone is charged with a criminal offence, the Crown and the accused person or her counsel would usually engage in resolution discussions, which means trying to resolve the case without going to trial.
In some cases, the Crown may offer a peace bond as a precondition of withdrawing charges. Some people do not want to enter a peace bond and refuse the Crown offer. What usually happens after is that the case will go to trial instead. However, after trial, even the trial judge did not find the accused person guilty on the legal standard of beyond a reasonable doubt, which is a very high standard, the trial judge could still impose a common law peace bond against the accused person, because a peace bond only requires the legal standard of balance of probabilities, which is a much lower legal standard compared to beyond a reasonable doubt.
Would I have a criminal record after entering into a peace bond.
By entering into a peace bond, it is only an admission, or a finding of facts, based on balance of probabilities, that one person my cause the complainant a reasonable fear of her/his safety or damage of property.
Entering into a peace bond is not an admission of guilt; therefore, there will be no criminal record.
Would a peace bond show up on my background check?
There are three different levels of background checks: Level One, Level Two and Level Three.
Level One background check is also known as criminal record check. It only shows entries of criminal convictions that are not pardoned. If you don’t have a criminal conviction that are not pardoned, then nothing will show up on Level One check. In other words, a peace bond will not show up on Level One background check.
Most of the employers will only do Level One criminal record checks.
Level Two background checks will show judicial records that are still open. For example, peace bond that has not yet expired. Level Two background checks will not show a peace bond that has expired already.
Level Three background checks, also known as vulnerability sector check, is far more comprehensive. It may even show reports of police investigations that do not lead to criminal charges. However, Level Three background checks are only required for certain jobs or volunteer positions, such as positions that required the individual to come into contact with vulnerable individuals: young children or seniors.