- A peace bond is a court order where you agree to keep the peace and follow specific conditions — in exchange, the underlying charge is withdrawn entirely.
- A peace bond involves no admission of guilt and results in no criminal conviction or record.
- The most common type is a section 810 recognizance under the Criminal Code, though "common law" peace bonds are also used.
- Peace bonds typically last 6 to 12 months and commonly include conditions like no contact with a specific person.
- Breaching a peace bond is a separate criminal offence that can result in new charges.
- A peace bond may still create an entry in police information systems that can appear on certain background checks unless later addressed.
What a Peace Bond Actually Is
A peace bond is a court order requiring you to "keep the peace and be of good behaviour" for a set period, along with any additional conditions the court considers appropriate. In exchange for entering into a peace bond, the Crown withdraws the underlying criminal charge entirely.
This makes a peace bond one of the most favourable outcomes available in a criminal case — resolving the matter without a trial, without pleading guilty, and without any conviction or resulting criminal record.
How a Peace Bond Differs From a Conviction
| Feature | Peace Bond | Conviction |
|---|---|---|
| Admission of guilt required | No | Yes (or trial finding) |
| Criminal record created | No | Yes |
| Underlying charge | Withdrawn | Results in the record |
| Conditions imposed | Yes, for a set period | Yes, as part of sentence |
| Consequence of violation | New criminal charge | Breach of probation/parole charge |
Peace bonds allow the justice system to address genuine safety concerns and hold individuals accountable through supervised conditions, without the time, cost, and uncertainty of a full trial — particularly appropriate where the underlying evidence has weaknesses or the matter is not among the most serious.
Section 810 Recognizances: The Formal Framework
The most common legal basis for a peace bond is section 810 of the Criminal Code, which allows anyone who fears another person will cause them or their family personal injury, or damage their property, to apply for a recognizance (the formal legal term for a peace bond). In the criminal defence context, this mechanism is used to resolve charges where the complainant's safety concerns can be addressed without a conviction.
"Common law" peace bonds — informal agreements not tied to a specific Criminal Code section — are also sometimes used, functioning similarly but with slightly different procedural requirements. Your lawyer can advise which type is being proposed in your case.
Common Peace Bond Conditions
- No contact with the complainant or specific individuals, directly or indirectly.
- No attendance at specific addresses, such as the complainant's home or workplace.
- Weapons prohibition — surrendering any firearms and abstaining from possessing weapons.
- Counselling requirements, such as anger management or substance abuse counselling.
- Alcohol or drug abstention, if relevant to the circumstances of the charge.
Following a heated dispute between neighbours that resulted in a criminal charge, both parties agree that a peace bond with a no-contact and no-attendance condition adequately addresses the safety concern, without the need for either party to go through a trial. The charge is withdrawn, and the accused enters a 12-month peace bond with these conditions.
How to Get a Peace Bond in Your Case
A peace bond resolution is typically negotiated between your lawyer and the Crown, often during a Crown pretrial meeting. Your lawyer will present mitigating factors — such as a lack of prior record, genuine circumstances behind the incident, or weaknesses in the evidence — to advocate for this resolution rather than proceeding toward a guilty plea or trial.
The Crown must be willing to agree to a peace bond, and this is not automatic — more serious charges, cases with strong evidence of guilt, or situations involving significant harm may not be appropriate for this resolution. A skilled lawyer can assess whether a peace bond is a realistic option in your specific case.
What Happens If You Breach a Peace Bond
Breaching any condition of a peace bond is a separate criminal offence under section 811 of the Criminal Code. If you violate a condition — even unintentionally, such as an accidental encounter with a person you are ordered not to contact — you can face new criminal charges.
Because a peace bond resolves your original matter favourably, a subsequent breach charge not only creates new legal jeopardy but can also affect how the Crown and courts view your credibility and reliability going forward. Fully understand your conditions before agreeing to them.
Peace Bonds and Background Checks
While a peace bond does not create a criminal record in the traditional sense (since there is no conviction), the fact that charges were laid and a peace bond was entered may still appear in local police records or on certain enhanced background checks, such as a vulnerable sector check used for certain employment or volunteer positions.
In some cases, it is possible to request that local police records relating to a withdrawn charge and peace bond be destroyed or sealed after a period of time. Discuss this option with your lawyer, particularly if you work in a field requiring regular background checks.
When Is a Peace Bond the Right Choice?
A peace bond is generally an excellent outcome when:
- The underlying conflict can genuinely be resolved by agreeing to stay away from a specific person or place.
- You want to avoid the time, cost, and uncertainty of a trial.
- You are not prepared to admit guilt, but recognize the value of resolving the matter without a conviction.
- The Crown is willing to agree to this resolution based on the specific circumstances of your case.
Wondering whether a peace bond is the right resolution for your case? Call our Toronto criminal defence lawyers at 416-274-2222 for a free, confidential consultation.
Frequently Asked Questions
No. A peace bond specifically involves no admission of guilt, no plea, and no finding of guilt by the court. It is an agreement to keep the peace, not a conviction.
Most peace bonds last between 6 and 12 months, though the court has discretion to impose a duration up to a maximum set by the Criminal Code, depending on the specific circumstances.
It can, particularly on more detailed police information checks or vulnerable sector checks, since a record of the charge and peace bond may remain in police databases. A standard criminal record check, however, generally would not show a conviction since none was entered.
Yes. A peace bond is a voluntary resolution — you can choose to proceed to trial instead if you believe the charge should be withdrawn entirely or you wish to contest it fully.
Breaching a peace bond is a separate criminal offence and can result in new charges being laid against you, in addition to any consequences related to the original matter.
The Crown, not the complainant, ultimately decides whether to accept a peace bond resolution, though the complainant's input and any safety concerns they raise are generally considered.
Yes, and this can create significant practical challenges, including requiring alternate living arrangements during the peace bond period. Discuss these practical implications with your lawyer before agreeing.
They serve a similar protective function but arise from different legal processes — a peace bond arises from a criminal proceeding, while a restraining order is typically issued through family court in the context of a family law matter.