Can a Peace Bond Be Removed?

A peace bond is a legal tool used in Canada to protect individuals who feel threatened or at risk. There are two main types: the Section 810 peace bond and the common law peace bond.

A peace bond requires the person posing the threat to maintain good behaviour and can include specific conditions they must follow, such as staying away from the applicant.

This order is often used as a preventive measure, rather than a response to a crime. Unlike a conviction, a peace bond does not result in a criminal record, making it an attractive alternative for those seeking protection without criminal charges being laid.

 

Section 810 Peace Bond vs. Common Law Peace Bond

The Section 810 peace bond is a type of order found in the Criminal Code of Canada. It can be issued when the fear of harm is substantiated, providing a structured procedure to follow. This peace bond typically lasts up to one year but can be extended if necessary.

In contrast, a common law peace bond arises from historical court practices and is not explicitly outlined in the Criminal Code. It also seeks to ensure the safety and good behaviour of an individual, but it may differ in the length of time it is in place and how it is applied and enforced, depending on the specific case details.

 

Removal and Modification of Peace Bonds

To cancel or modify a peace bond, a formal application must be made to the court. This process can be initiated by contacting the court where the bond was issued. You must provide sufficient reasons for the change, and often this involves demonstrating a change in circumstances.

Only the court has the authority to remove a peace bond. If both parties agree to its removal, the following steps can be taken:

• Petition the Court:
  • The accused must file a formal request with the court to have the peace bond removed.
• Agreement Between Parties:
  • Both parties must be in agreement for the petition to proceed.
• Victim Services Assistance:
  • The complainant (e.g., your partner) can contact their local victim services for guidance and support in the process.

This collaborative approach can help streamline the process of requesting the removal of a peace bond.

 

If only one party wishes to have a peace bond removed, the process becomes more complex:

• Petition the Court:
  • The accused can still petition the court to have the peace bond removed, but the lack of agreement from the other party may affect the court’s decision.
• Court’s Discretion:
  • The court will evaluate the circumstances, including whether the peace bond’s conditions are still necessary to protect the complainant or serve the public interest.
• Supporting Evidence:
  • The party seeking removal should provide evidence to demonstrate that the peace bond is no longer required (e.g., improved relationship, time elapsed, or compliance with conditions).
• Victim’s Role:
  • The complainant can voice their concerns or opposition, which the court will consider when making its decision.

Ultimately, the court will decide whether removing the peace bond aligns with public safety and justice. If the opposing party does not agree, the process may take longer and require additional justification.

Once the application is complete, it will be reviewed by the judge who issued the bond. You need to be clear about your intentions, as this hearing is important and where the final judgment will be made. If the judge agrees, they can amend the conditions or remove the bond entirely.

 

Engaging with a Criminal Defence Lawyer

Hiring a criminal defence lawyer is highly recommended for modifying or removing a peace bond.

A skilled lawyer can help prepare your case, gather necessary documents, and represent you in court. They can also advise you on the feasibility of your application, increasing your chances of success.

Lawyers understand the nuances of court procedures and can negotiate on your behalf. They can clarify complex legal language and assist with paperwork, reducing the burden on you.

Engaging professional legal help not only eases the process but can also expedite the resolution to your favour.

 

Frequently Asked Questions

How can one contest the conditions of a peace bond?

To contest conditions, you must address them before the peace bond is agreed upon. During court proceedings, you or your lawyer can negotiate terms with the Crown. It’s important to clearly communicate why specific conditions may be unreasonable or difficult for you to follow.

What is the process for the expiration of a peace bond in Canada?

In Canada, a peace bond typically lasts up to one year. After this period, it expires unless renewed through a court application.

Are there any travel restrictions associated with having a peace bond?

While a peace bond itself doesn’t usually impose travel restrictions, certain conditions may impact travel options. For example, you may be restricted from entering certain areas or regions.