Demystifying Peace Bonds
Embarking on the journey of Canadian law, one may discover a peace bond as a pivotal key to resolution when facing serious charges such as assault in Ontario. Governed by section 810 of the Criminal Code of Canada, these bonds come in two main types: the common law peace bond and the s. 810 peace bond.
Understanding Peace Bonds
In essence, a peace bond is a court order mandating an individual to maintain peace and exhibit good behavior for a specified period. In Ontario, there are two types of peace bond: the s. 810 peace bond, initiated by reasonable grounds to fear harm, and the common law peace bond, which doesn't necessitate a current fear and is rarely imposed for more than a year.
Peace Bonds may be imposed as a part of a more global resolution or on their own where a criminal offence is feared, but hasn’t been proven.
Peace Bond Applications: When and Why
Where a person fears that they may be harmed by another person, but the police have not laid a charge, or where a criminal offence cannot be proven in Criminal Court, a s. 810 peace bond may be applied for. The court may hear evidence about the peace bond and, if the Court agrees there is a reasonable and ongoing fear that the person in question will harm another person, the Court will impose the peace bond for up to one year.
Conversely, a common law peace bond can be based on a reasonable belief that the individual may breach the peace. These are rarely imposed.
Positive Resolutions Through Peace Bonds
A peace bond can be a means to a successful resolution. Following negotiations with an accused’s lawyer, the Crown may offer a peace bond, leading to the withdrawal of more severe charges. This option allows the individual to avoid a criminal record while committing to keeping the peace and maintaining good behavior, it avoids a risky and expensive trial, and does not waste valuable court resources.
Consequences of Peace Bond Agreements
Delving into the consequences, signing a peace bond in Ontario entails a commitment to specific conditions. All peace bonds require the accused to keep the peace and exhibit good behavior. In different scenarios, the court may impose any further conditions it deems necessary to mitigate the fear of a future offence. Violating these conditions can result in serious consequences, including potential jail time and financial penalties.
The Ramifications of Breaching a Peace Bond
Breach of an s. 810 peace bond is deemed a criminal offense, with the severity determining the punishment. Jail is often a remedy for more serious breaches or a pattern of breaching court orders. For those persons who assist a person in breaching a peace bond (for example, ignoring a non-communication order), they may be also charged with the criminal offence of Aiding and Abetting a breach.
Peace Bonds: Not a Guilty Plea
Signing a peace bond is not an formal admission of guilt or a criminal conviction. If entering into a peace bond voluntarily, the accused may be in a position to outright deny the facts but agree to enter into the peace bond voluntarily.
Impact on Your Record
A peace bond should not surface on a general criminal record check but may appear on a vulnerable sector record check, which may impact volunteer and employment opportunities. Peace bond records are kept by the Court and the Crown, and would be considered in the case of a breach or further future criminal charges.
Police Records and Employment
Before arriving at a decision, individuals should consider the unintended consequences. While a peace bond doesn't result in a criminal record, it may still impact employment opportunities, travel, coaching, and other court proceedings.
Police forces in Ontario collect information that may not necessarily relate to a criminal conviction. This information, included in police record checks, can significantly impact employment opportunities. Seeking legal counsel before accepting a peace bond is advisable to understand the implications fully.
Conclusion: Navigating Peace Bonds in Ontario
As one navigates the legal landscape, a peace bond in Ontario can serve as a positive resolution, providing an alternative to pleading or going to trial serious charges. Seeking legal advice is crucial to making informed decisions tailored to individual circumstances.