ORDERS ISSUED UNDER THE CRIMINAL CODE OF CANADA ”CCC”
PEACE BONDS
There are limits to what a court order can do.
You need to have a personal safety plan in place.
This brochure is intended for general information only. The writers and distributors of this pamphlet do not guarantee its legal accuracy and do not accept responsibility for loss or inconvenience suffered by users
Prepared by P. Kelln,
Sept. 2001
SURITIES TO KEEP THE PEACE
PEACE BONDS
Section 810 CCC
(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.
(2) A justice who receives 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.
(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,
· 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 subsection (3.1) (Weapons Restrictions) and (3.2) (See following), 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.
(3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or common-law partner or child, as the case may be, to add either or both the following conditions to the recognizance, namely, a condition
(a) Prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be, is regularly found; and
(b) Prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on
whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be.
NO CONTACT ORDER
Section 503 (2.1) CCC
In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.1 in which the person undertakes to do one or more of the following things
(c) To abstain from communicating directly, or indirectly with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking except, in accordance with the conditions specified in the undertaking
WHAT DOES IT MEAN?
Note: ”Spouse” means spouse, common-law partner or ex-partner
PEACE BONDS
· Also known as Recognizance
· The most commonly charge laid by the woman herself.
· A court order saying that your “spouse” has to keep the “peace” for up to 12 months.
· Not a criminal charge, but may result in your “spouse” being found in contempt of court if the “peace” not kept.
· A breach is punishable with a maximum penalty of $2,000 and/or 6 months in jail on summary conviction, or jail for 2 years on indictment
· Can be the part of the sentencing if “spouse” convicted of assault.
· Can contain clause saying that “spouse” cannot have any “direct or indirect” contact with you, your children, or your current partner. Ensure that you ask for a no-contact order as a condition of the peace bond.
· Your “spouse” may be required to put up sureties (cash) which can be forfeited if the Peace Bond is breached
· A lawyer cannot get a Peace Bond for you, but an advocate may be of help to you.
· You do not need to prove that you have been assaulted, only that you believe you might be.
· You can tell the police you want to apply for one, or you can go to provincial court to ask for one
· Bring police report to court
· Inform the police/Justice of the Peace if your “spouse” has access to firearms
· If the information (formal written complaint) is accepted, a hearing date is set
· You will probably be subpoenaed as a witness of the Crown
· Anyone concerned, including the police, can apply for a Peace Bond
NO CONTACT ORDERS
· Can be a condition of release if your partner has been arrested
· Are temporary orders until a hearing or trial has been held
PEACE BONDS (PB)
RESTRAINING ORDERS (RO)
· PB issued under Canadian Criminal Code (Canada Wide)
· RO issued under Family Relations Act (Provincial)
· PB Criminal-Crown vs. Person
· RO Civil-Person vs. Person
· RO Spouse does not need to appear
· PB Spouse needs to be arrested
· PB limited to 12 months
· RO no time restrictions
· PB not obtained from lawyer
· RO requires lawyer to obtain
IMPORTANT POINTS
· Have a personal safety plan
· Keep a record of all incidents even if you cannot prove your spouse committed these acts. This may be needed at a later date
· Carry a copy of the Court Order with you at all times.
· Make sure you understand the order
· Phone the 911 immediately if your spouse, common-law partner or ex partner disobeys anything in the order.
· Ensure that you ask for a “no-contact order” as a condition of the peace bond.
· Ensure your order is registered in the PROTECTION ORDER REGISTRY 1-800-563-0808
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