Understanding Peace Bonds and
Withdrawals in Canada

1. Introduction

In Canadian criminal law, peace bonds and withdrawals are mechanisms that provide alternatives to traditional criminal prosecution. They are often used in cases where formal prosecution is deemed unnecessary or not in the public interest. At Guruveer Sangha Law, we help clients understand these options and their implications.

2. What Is a Peace Bond?

A peace bond is a court order that requires an individual to adhere to specific conditions to keep the peace and be of good behaviour. It is a legally binding promise made to the court and serves as a preventative measure to protect individuals from harm or harassment. Peace bonds are not criminal convictions and do not imply guilt; they are agreements to comply with conditions to avoid further legal action.

Peace bonds are frequently used in both criminal and domestic cases, such as disputes between neighbours, workplace conflicts, and domestic violence allegations. In domestic cases, they provide a practical resolution that prioritizes the complainant’s safety while avoiding the consequences of a criminal conviction for the accused.

(a) Key Conditions of a Peace Bond

Conditions of a peace bond typically include:

• Avoiding contact with specific individuals, such as the complainant or their family members.
• Staying away from designated locations, such as the complainant’s residence, workplace, or school.
• Surrendering firearms, ammunition, or other weapons for the duration of the peace bond.
• Reporting to a peace officer as required.
• Allowing contact only with the written, revocable consent of the complainant.

Written Revocable Consent for Contact

In some cases, a peace bond may include a condition allowing contact only with the written, revocable consent of the complainant. This means that the complainant must provide written permission for contact, but they can revoke this permission at any time. Such conditions are often used to balance safety with practical considerations in cases involving ongoing relationships, such as co-parenting.

(b) Monetary Element of a Peace Bond

Peace bonds often include a monetary component, typically set at a low amount such as $500. This amount is not required as a deposit but acts as a financial guarantee. If the conditions of the peace bond are breached, the individual risks forfeiting this money, adding an incentive to comply with the terms.

(c) Impact of a Peace Bond on Charges

When an individual agrees to a peace bond, any related charges are usually withdrawn by the Crown. This makes peace bonds a favourable resolution in cases where there is insufficient evidence for prosecution or where both parties agree to avoid a trial. The withdrawal of charges means that the accused avoids a criminal record, provided they adhere to the terms of the peace bond.

3. Withdrawals of Charges

Withdrawals occur when the Crown decides to discontinue criminal charges against an accused person. This decision is made at the Crown’s discretion and can happen for various reasons.

(a) Reasons for Withdrawal

Charges may be withdrawn due to:

• Insufficient Evidence: The Crown determines there is not enough evidence to secure a conviction.
• Public Interest: Proceeding with the case may not serve the public interest, particularly in minor offences or first-time offences.
• Alternative Resolutions: The accused agrees to a peace bond or other alternative conditions that address the complainant’s concerns.

(b) Relation to Peace Bonds

In many cases, the withdrawal of charges is directly tied to the issuance of a peace bond. By agreeing to the conditions of a peace bond, the accused demonstrates a willingness to address the complainant’s concerns without the need for formal prosecution. This resolution is often used in domestic violence cases, where the goal is to ensure safety and compliance without escalating the matter to a trial