Understanding Peace Bonds
Common Law vs. Statutory Peace Bonds
Peace bonds come in two main types: common law peace bonds and statutory peace bonds under section 810 of the Criminal Code. Both serve to prevent potential harm by imposing conditions on an individual to keep the peace and behave properly for a specified period, typically up to 12 months.
The Basis for a Peace Bond
The primary criteria for issuing a peace bond is the reasonable fear of the alleged victim that the individual may cause them harm. Entering into a peace bond is not an admission of guilt nor does it result in a criminal conviction.
The Pros and Cons of Peace Bonds
Advantages of Peace Bonds
For many, peace bonds represent a favorable outcome, especially when facing the possibility of a criminal record. It allows for the resolution of a case without a conviction, effectively avoiding the long-term consequences that come with having a criminal record.
Potential Drawbacks
However, there have been concerns regarding the disclosure of peace bonds in police background checks, impacting employment opportunities for some individuals. Recent legislation aims to address these disclosure practices, but the effectiveness of these changes remains to be seen.
Making the Decision to Enter into a Peace Bond
Evaluating Your Options
When considering a peace bond, it’s paramount to weigh all risk factors, including the likelihood of winning your case at trial. While a peace bond may seem like a straightforward solution, its potential implications on your future and employment must be carefully considered.
Legal Advice Is Key
Consulting with a lawyer is essential to understand whether entering into a peace bond is in your best interest, based on your specific circumstances and the details of your case.
Deciding whether to enter into a peace bond involves a complex evaluation of the benefits and potential drawbacks. With recent changes aimed at clarifying the disclosure of peace bonds, it’s more important than ever to seek professional legal advice. At Kruse Law Firm, we are committed to providing our clients with the information and support they need to make informed decisions about peace bonds and other legal matters.
Video Transcription:
The problem in the province has become this a little bit, particularly in the recent past. Some people that entered into peace bonds found that the police were still disclosing that on police checks and vulnerable sector checks so it was ruining their employment. There was a very interesting article a couple of years ago in the Toronto Star about this. Because everybody is saying, “Look it’s just a peace bond”. A lot of lawyers think just enter into it yet many people had their lives ruined by entering into peace bonds. You should read my blog on this topic whether accessing a peace bond is risky. This prompted, among other things about disclosure of records, this prompted some recent change in the laws about this as to what the police can or cannot disclosure. Some counties they were disclose too much and in other counties they wouldn’t disclose a peace bond and apparently they decided to clean this up. It remains to be seen though whether this legislation will be effective.
So the bottom line is when I counsel clients if we’re offered a peace bond, whether we should enter into it we have to look at all the risk factors. We have to look at the odds of winning versus losing the case and decide if it’s right for them. In many cases it will be. In other cases it may not be. For example, if there’s no chance of losing the trial why would you enter into a peace bond? That’s a rare situation. You know, there is always risks but don’t think of it as just a peace bond because there have been complications in the past. The government is trying and has tried to clear this up but it remains to be seen how this legislation will play out and perhaps in the future months or years I will do an updated video on how that legislation and the reform is going for what police forces disclose.
So in a nutshell that’s kind of some of the factors which go into whether you’re going to enter into a section 810 peace bond. There’s also a common law peace bond which is essentially the same thing but it’s not pursuant to the Criminal Code. It’s just an order from the Judge. It’s like a protection order. It protects the victim. It’s not a criminal conviction and you’ll have to sit down with your lawyer and see if it’s the right thing for you.
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