Getting criminal charges withdrawn (dropped) by entering into a peace bond in Canada

About common law and s. 810 peace bonds and whether they are a good deal for defendants facing criminal charges

Often the goal of a criminal lawyer is to convince the Crown to agree to allow the accused to enter into a peace bond with the complainant and have the charges withdrawn. Peace bonds are often seen as a way to keep the parties separate and apart and sometimes include other clauses such as no alcohol consumption or to stay away from certain locations. In cases involving threats and assaults, a peace bond is often considered a “good deal” for a defendant because it guarantees they will not get a criminal record should they choose to accept it.

Do peace bonds show up on police records and employment background checks?

Each police force has different policies with regards to what they put on criminal records checks however Toronto and York region police do currently put both common law and Section 810 peace bonds on regular criminal records checks while they are active.

Virtually all police forces would also include this information on vulnerable sector screenings as well (even after the expiration of the peace bond). Even a withdrawn charge itself would normally be disclosed on a vulnerable sector check though it is possible to have this information suppressed upon request in certain circumstances (call us for help with this).

Does entering into a peace bond mean that I am pleading guilty?

No. It simply means you are agreeing to abide by the conditions of the peace bond. You are not admitting guilt nor is a court finding that you did anything wrong. Sometimes, however, the Crown will want to read in the police synopsis of the allegation in court. It is important that the defendant’s lawyer then put on the record in court which elements of the police synopsis are disputed by the defendant. Most peace bonds contain very lenient conditions such as to “keep the peace and be of good behaviour”, not to communicate directly or indirectly with another person, not to attend a certain place or residence, and sometimes curfews or no alcohol clauses.

If I didn`t do anything wrong, why should I have to enter a peace bond?

In many threats cases the defendant does not agree with some parts of or all of the allegation against them. The reason many of these people choose to enter into a peace bond is because the risk of going to trial is simply too great. For a person with a job, or a student with a bright future ahead of them, there is a significant amount of risk in going to trial and possibly being convicted and ending up with a criminal record.

While the defendant may choose to enter into the peace bond somewhat reluctantly, they ultimately do not have to wait 6+ months for a trial date or take the risk that the trial judge will believe the accuser over them. This is an incredibly important decision for an accused and their lawyer must have an open and honest discussion about the evaluation of risk and what is in the accused’s best interest. Ultimately, this is the decision of the client, not their lawyer.

How long do peace bonds last for?

Most peace bonds are for a period of 12 months (one year) and include no contact clauses, avoidance of location clauses, sometimes no alcohol clauses, and to generally keep the peace and be of good behaviour. It is generally noted that the criminal code itself requires all people in Canada to keep the peace and be of good behaviour anyway. There is often a face value of $500 - $2000 with no surety and no deposit attached to the peace bond and the court will warn the accused that they may have to pay the face value in the event of a breach. It is rare for a breach of a common law peace bond to be prosecuted in Ontario (though not impossible)

Section 810 versus "common law" peace bonds: What is the difference?

Peace bonds are either entered under Section 810 of the criminal code or by the common law power of the court to make orders (common law peace bond). A common law peace bond is considered better than an 810 peace bond for the defendant in part because it is very difficult to enforce. It is rare to see someone prosecuted for breaching a common law peace bond, however not as rare for a s. 810 breach.

Some legal theorists say that common law peace bonds are not enforceable by the courts however the Court of Appeal or Supreme Court of Canada has not firmly guided lower courts on this issue.


Call us today.
You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with uttering threats in the Toronto area.

Have a skilled criminal lawyer who focuses on threats charges protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an utter threats related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

---