If You Need Assistance with Peace Bonds and Criminal Law – Call Us 604-318-3838

If you’re charged with a criminal offence, and need to know about the topic of peace bonds and criminal law in Vancouver we are pleased to present the following to help you immediately:

Section 810 of the Criminal Code of Canada is a very unique section of the Code in that it gives the Courts the power, in certain circumstances, to actually  prevent the escalation of harm between parties but allowing the Court the ability to place a party on a “peace bond” or recognizance to keep with the peace with conditions that the Court considers appropriate.

Section 810 of the Criminal Code reads in part as follows:
810. (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property.
Duty of justice
(2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.
Adjudication
(3) The justice or the summary conviction court before which the parties appear may, if satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for his or her fears,

• (a) order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for any period that does not exceed twelve months, and comply with such other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (3.1) and (3.2), as the court considers desirable for securing the good conduct of the defendant; or
• (b) commit the defendant to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the recognizance.

 

This section can and is used by the Court to prevent harm being done by someone to another person.  It is the only provision in the Criminal Code that actually serves to “prevent harm” before it has happened.  As such they are considered to be akin to “judicial restraining orders” and “peace bonds” are regularly resorted to by the Court, Crown and Defence as a mid-way ground or as part of plea negotiations where assaults, sexual assaults or domestic assaults are alleged and charged in the first instance.

Being placed on a “peace bond” by the Court (or agreeing to same) does NOT mean that you have a criminal record it merely means that a person may have grounds to fear you.  Your name may be placed on the police Protection Order Registry but this does not amount to a criminal record.  The terms of a “peace bond” usually entail a person agreeing not to be in contact with another person.  Where the parties are largely unknown to each other (ie. those in a bar fight, etc) this will not be an issue.  In situations involving spouses who choose to resolve their domestic charges  the continuation of “no contact order” by way of “peace bonds” may not be desirable, depending upon the circumstances of the relationship   Peace bonds are, however, a very effective tool when used appropriately to resolve criminal charges.

Sometimes however peace bonds are misused by a person in order to cause harm or embarrassment to another.  This occurs when a person makes a false complaint to the police to attempt to effect a “peace bond”  (or “judicial restraining order) upon another person simply for personal gain.  An example of this would be a spouse who conjures up an allegation of fear of her soon to be x-spouse and reports same to the police simply to gain exclusive application to a family residence (ie. in the case of separating spouses or even in threatening cases) or as a leg up in custodial battles that are being contemplated or fought elsewhere (ie. Family Court).  When that is the case an accused will often want to challenge the allegation supporting any “Peace Bond” but disputing same.  This will result in a hearing/trial being conducted by the Courts to determine the veracity and reasonableness of the complaint being made.

Though the repercussions of entering into a “peace bond” are not enormous in the big picture, they can have drastic effects on those who do not wish to enter them voluntarily.  In such cases one would be best to contact a lawyer who knows the finer details regarding Peace Bonds and the repercussions of same.

Jamie Butler is an experienced Vancouver based criminal lawyer who has acted as counsel in all types of cases where the charges laid have been as minor as causing a disturbance, possession of a small amount of marijuana or those involving a pushing and shoving domestic assault, to more substantial charges like those involving impaired driving causing death or serious sexual assault and even murder-related charges.  He was a very effective former prosecutor who now uses all of his former prosecuting experiences and contacts to work for YOUR BENEFIT in either negotiating the best possible plea deal for you at any sentencing hearing or, in the event your matter proceeds to trial, in preparing the best possible likely defence for you.

Remember this:  Do not settle for less than the best criminal lawyer in Vancouver as there is no second best in the courtroom.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your criminal and/or driving charges.   Alternatively  we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE .