Peace Bond Hearing Lawyer Toronto
What is a peace bond?
A peace bond can be generally described as a promise/undertaking to the court to keep the peace and be of good behaviour and a promise to follow certain conditions mandated by the court. The provisions governing a peace bond are found in section 810 of the Criminal Code of Canada entitled Sureties to Keep the Peace.
Section 810 of the Criminal Code reads:
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 him or her or to his or her spouse or common-law partner or child or will damage his or her property; or (b) will commit an offence under section 162.1
What is the procedure to a peace bond?
Upon reading the provision noted above section 810 of the Criminal Code, the focus of the hearing is premised upon whether the applicant has reasonable grounds to fear that the defendant will cause injury to him or her or their spouse/common law partner or child, or damage to their property, or commit an offence.
As indicated by the wording in section 810 of the Criminal Code, the procedure of the peace bond is initiated by laying an Information before a justice.
Once the information is laid, the justice shall cause the parties to appear in court, and after hearing the evidence, the judge is satisfied that the applicant has reasonable grounds for the fear, the court may order the defendant to enter into a recognizance (with/without sureties), to keep the peace and be of good behaviour for a period of no more than 12 months (Section 810(2) & Section 810(3) of the Criminal Code).
If the defendant fails or refuses to enter in to the peacebond, the judge may commit the defendant to a term of imprisonment not exceeding 12 months (section 810.3.01 of the Criminal Code).
Types of Peace bond?
Peace bond can vary in type based on the nature of the fear. For example, in the Criminal Code there are many references to fear, including but not limited to: fear of a terrorism offence (s.810.011 & s.83.3 of the Criminal Code), fear of a serious personal injury (s.810.2 of the Criminal Code); etc.
Can I be subject to bail provisions, while awaiting peace bond hearing?
The recent Supreme Court of Canada Decision of R v. Penunsi 2019 SCC 39 highlights the concerns associated with bail and arrest in the context of peace bond hearings. The main issue in this case was whether arrest and judicial interim release (bail) provisions of the Criminal Code apply to peace bonds. The Supreme Court of Canada affirmatively decided that arrest and bail procedures apply to peace bonds. The court discussed a ladder principle in which a person can be compelled to court; when bail applies; and when detention will be justified, all in the context of peace bond hearings (R v. Penunsi 2019 SCC 39, para. 60-86).
If you are subject to a peace bond hearing, you may have a defence available depending on the facts of the case.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your consultation. As a Criminal Lawyer Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible outcome.
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