Page current as of
A PEACE BOND CAN BE IMPOSED ON YOU BASED ONLY ON UNPROVEN ALLEGATIONS
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.
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.
Peace Bonds started around 1892 as a codified version of the common law peace bond available to magistrates to order individuals likely to commit property offences to "keep the peace".
Peace Bonds have expanded and now also target individuals (i.e. men) who might commit violent or sexual offences. Does not matter if they have or have not committed a crime. Men are being punished because someone says they MIGHT do something. Guess who is making these accusations? No prize for right answer.
Both 810.1 and 810.2 are supposedly designed to be preventative and not punitive. That is nonsense. Any restriction on your liberty is punitive.
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.
A section 810 peace bond can be issued for up to a year. A common-law peace bond can be imposed for longer periods.
Signing a peace bond or recognizance does not give rise to a criminal record. But the police know about it and it will remain forever in the police files.
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.
The court will often impose this peace bond just because the Crown asks for it. Evidence or proof is not needed. This is not a trivial matter. If you refuse to sign, you could be jailed for up to 12 months (or until you sign???)
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 behaviour.
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.
Peace Bonds are bad enough but Canada has reinstated debtors prisons for men who cannot pay child support.
US Waiver & Pardon Legal Forms
Bail Hearings & Reviews Estreatment Hearings Murder & Manslaughter Assaults & Robbery Break & Enter Theft & Possession Fraud & Forgery Drug Offences Impaired & Dangerous Driving Sex Offences Failure to Comply Breach of Probation Destruction of Fingerprints Destruction of Photographs Pardons Sex Offences Notarizing Documents Commissioning Documents Youth Criminal Justice Act
Lay Person's Guide To The Criminal Prosecution Process
This is not legal advice, it is information