If a person is charged with sexual assault, there are always risks and uncertainties in proceeding to trial. Generally, the Crown will want to have a trial if there is a reasonable prospect of conviction. For weaker cases, where the Crown perceives there is little prospect of conviction, or perhaps where the alleged victim is expressing reluctance to proceed to trial,the Crown may consider resolving the matter by offering that the accused can enter into a s. 810 Criminal Code peace bond.
A s. 810 peace bond is an order by a judge or justice of the peace that the defendant enters 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. The court may also add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant to:
- abstain from communicating directly or indirectly with the complainant
- not attend at the complainant’s residence, place of employment, or school
- not possess any firearms or weapons
- not consume alcohol or non-prescription drugs
When a defendant who is charged with a sexual assault enters into a peace bond, they are not required to admit they are guilty of the sexual assault allegation. Upon entering the peace bond, the Crown will then withdraw the sexual assault charge. A peace bond is simply an order by the court to refrain from unlawful behaviour and may include various other conditions as described above.
Peace bonds are not a direct punishment or considered to be a criminal conviction. In other words, if a person enters into a s. 810 Criminal Code peace bond or a common law peace bond, they do not receive a criminal record. Any accused who is facing even a minor sexual assault charge and is able to have the sexual assault charge withdrawn after entering into a peace bond, would consider that a huge win.
Defendant’s Obligations to Enter Into a Peace Bond
Defendant Enters into a Recognizance: The defendant must agree to the recognizance, which is an order by a judge or a justice of the peace that the defendant must abide by the court’s conditions. Failure to comply can result in criminal charges. The accused typically seeks guidance from a lawyer to understand the scope of these obligations.
- No Contact: Defendants are often required to avoid any communication or interaction with the complainant directly or indirectly.
- No Weapons: Defendants may be ordered to not possess any weapons and surrender any weapons they own or possess.
Breach of Peace Bond
If a peace bond is breached, this is considered a criminal offence under s. 811 of the Criminal Code (i.e., breach of a recognizance) A defendant who breaches the terms of a peace bond can face arrest without a warrant. The accused can then choose to either plead guilty to the breach or have a trial. Following a conviction, the court decides whether the breach warrants jail time or other penalties. A breach of a peace bond is a serious matter which will result in a criminal record if the accused is found guilty of the breach or pleads guilty.
- Arrest Warrant: May be issued upon breach.
- Penalties for Breaching: Possible Jail Time, Fines, Additional Conditions on release.