You may have heard of a Peace Bond but do not understand what that is
December 12, 2023
Peace Bonds usually come into play when there have been charges in a domestic setting. Well under section 810 of the Criminal Code of Canada. But what does that mean? Let’s take a look at Section 810 to start.
S. 810 (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person
- (a) will cause personal injury to them or to their intimate partner or child or will damage their property; or
- (b) will commit an offence under section 162.1.
In these situations, a person can obtain a peace bond against the defendant from the Court. The Court may impose specific conditions that are designed to prevent the defendant from committing harm to the person, their spouse or common-law partner, their child, or from committing damage to their property.
So the courts have granted a Peace Bond, What would you be looking at to undergo the fulfillment of the conditions? What kind of conditions would I have?
The defendant may agree or the Court can order the defendant to:
- keep the peace and be of good behaviour;
- not contact the person, their spouse, or child;
- not visit the person, their spouse, or child;
- not call the person on the phone;
- not write letters or send text messages;
- abstain from using non-prescription drugs or alcohol, and be required to provide bodily samples to ensure compliance;
- be forbidden from owning weapons;
- pay, or promise to pay, a refundable surety (cash bond) to the Court, which may be forfeited if the defendant subsequently breaches any conditions of the peace bond; or
- any other condition the Court considers desirable to prevent the harm.
“The Justice Statutes Amendment Act (formerly Bill 5) strengthens our justice system by taking steps to simplify legal and court processes for Albertans and improve security at the Alberta legislature. The act amends 6 acts to make it easier to collect child support, increase the civil claims limit, clarify referendum rules, eliminate unnecessary record-keeping requirements, and support the transfer of trusts. Changes also allow legislative security to carry firearms. This was recommended by the Speaker of the Legislative Assembly and Sergeant-At-Arms following incidents on Parliament Hill in 2014 and at the Alberta legislature in 2019. These changes reduce red tape, increase access to the justice system, and ensure the legislature building and grounds remain a safe and secure setting.”
Sam Rad Legal Case Manager | Former President of Paralegal Society of Canada | Tutor for Paralegal Studies | Marketing Specialist
Police will arrest you and give the reasons for your arrest and what you are being arrested for; Police will take you into the station and read your constitutional rights Section 10(b); They will ask if you would like to speak to a lawyer if you cannot afford one they will give you a Legal Aid phone number; They will bring you before a Justice of the Peace for Bail; The onus is on you (detainee) to provide the Justice of the Peace you will: 1. Make sure you show up for your court appearance 2. Assure public protection and safety, 3. To maintain public confidence in the administration of justice If denied bail, you can request an appeal to a sitting Judge for a bail review; If granted bail, you MUST make your first court appearance. This stage is the reading of the charges brought against you by the Crown; During your first appearance, you will make your plea to the courts. (Guilty or Not Guilty); The Crown will also make an election of the charges brought against you (Indictable or Summary) If it falls as a Hybrid offence, the Crown will request an adjournment to set aside their decision on the election to review all the evidence; Your court appearance will be adjourned to a later date to allow you to get legal counsel/representation and to obtain the Crown’s disclosure; Defense and crown will discuss options. during this phase, deals are being made to get the charges dropped or reduced. If all fails it goes to trial; In the case that it goes to trial, it will depend on the charge. The charge could bring a pre-trial conference or it could go straight to the trial. The defendant has the option to have the trial in front of the Judge alone or the Judge and Jury. If it goes to trial there are three outcomes: 1. Guilty – you have been found guilty by either the Judge or the Jury. This will set a sentencing date. 2. Not Guilty – This means you have been found not liable for the charges brought against you and the courts CANNOT retry you for the same offence. The Crown failed to provide beyond reasonable doubt 3. Mistrial (Hung Jury) – This is when the jury is not unanimous. The crown can retry you again. “albertacourts.ca/pc/areas-of-law/criminal/charged-with-a-crime
