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Section 810 peace bonds are preventative court orders requiring an individual to agree to specific conditions to keep the peace. These draconian instruments are available to police to "protect" the public, before any criminal offence has been committed.
Both 810.1 and 810.2 are designed to be preventative and not punitive. It is not necessary for an offender to have committed a criminal offence in order for a judge to make an order against the individual.
Section 810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Section 810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Common Law Peace Bonds
The courts have wide ranging powers to impose a common law peace bond on Canadians, regardless of whether or not a crime has been committed. Most often these are imposed based on the (fabricated and delusional or vindictive) allegations of women who are out to get even with an ex spouse.
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Peace Bonds
A peace bond or recognizance is a court order requiring the person to whom it is directed (defendant) to keep the peace and be of good behavior. In minor assault cases, the Crown might withdraw the charge upon the accused person entering a peace bond.
Conditions may be attached to ensure good conduct. It is usually required that the defendant avoid contact with and not go near the home of the person for whose protection the bond is issued. There is usually a requirement that the defendant not possess any firearms, ammunition or explosives.
A peace bond may be issued under section 810 of the Criminal Code or under the court's common law jurisdiction to bind a party over to keep the peace.
Under the Criminal Code, any person who fears on reasonable grounds that another person will hurt him or her, or his or her spouse or child, or damage his or her property can apply to a justice to have that person enter a peace bond. If the court is satisfied there are reasonable grounds for the applicant's fear, it will order the defendant to enter a recognizance to keep the peace.
A section 810 peace bond can be issued for up to a year. A common-law peace bondcan be imposed for longer periods. Refusal to sign a section 810 bond can result in imprisonment for up to 12 months. It is a criminal offence to violate the conditions of a section 810 peace bond. Signing a peace bond or recognizance does not give rise to a criminal record.
According to the Crown Policy Manual, a peace bond will be accepted as an appropriate remedy in a domestic assault matter only in "the most unusual circumstances."
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Understand this: Police records and files on you will never be erased. Records of every contact with you, every complaint by a neighbour, arrest, charge, acquittal, stay, discharge, diversion and conviction are kept permanently by the police regardless of the outcome. |