Peace Bonds for Sexual Assault

To obtain a peace bond under s. 810 of the Criminal Code,  the complainant must have reasonable grounds to fear that the defendant will cause injury to them or to their intimate  partner or child or will damage their property or will commit an offence under 162.1 (i.e., publication of an intimate image without consent).   

Typically a complainant will provide a statement to the police setting out their version of events that for example,  they were threatened, harassed, or assaulted. The police will then obtain statements from other witnesses who may  support or refute the complainant’s version of events.  The defendant can choose to enter into the peace bond or deny the allegations.  If the defendant denies the allegations and decides to have a contested peace bond hearing, the Crown will typically call the complainant to testify along with any other witnesses.  The defendant may also choose to testify at the peace bond hearing and call other defence witnesses. The Court will then decide whether the complainant has reasonable ground to fear the defendant.  If the court finds that there are reasonable grounds to fear the defendant, a peace bond will be ordered.

Agreeing to a peace bond does not constitute an admission of guilt. It is a preventive measure, not a criminal conviction. The respondent may agree to a peace bond to avoid criminal proceedings, despite denying the allegations.

As set out in  s. 810(3) of the Criminal Code, a judge or a justice of the peace may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for  a period of not more than 12 months. It is a rare for the courts to order a peace bond for less than 12 months even for a minor threatening charge, and unheard of if the defendant was originally charged with sexual assault.

A peace bond can be contested by the defendant, who may argue against its issuance in court. If the defendant loses a contested peace bond hearing, there are limited grounds for appeal; any appeal would need to be based on a mistake of law rather than disagreement with the court’s decision.

Breaching the conditions of a peace bond is a criminal offence that can result in being charged with a breach of recognizance under s. 811 of the Criminal Code. This could result in arrest and possible imprisonment. If the crown elects by indictment, the accused could face up to a 4-year jail term.