A common law peace bond is a legal tool used to prevent potential harm before it happens. It is a court order that requires an individual to "keep the peace and be of good behavior" or face legal consequences. Unlike statutory peace bonds under Section 810 of the Criminal Code, common law peace bonds have unique legal considerations.
Key Points to Know About Common Law Peace Bonds:
What is a Common Law Peace Bond?
A court order designed to prevent a reasonably apprehended breach of the peace.
Historically used against individuals “not of good fame”, but modern courts apply a higher standard in line with Charter rights.
When Can a Peace Bond Be Ordered?
Following an acquittal or discharge from trial
If there is evidence of a potential future risk to public order.
After a preliminary hearing discharge if the judge finds it necessary
How Long Does a Common Law Peace Bond Last?
There is no fixed upper limit, but courts generally set a maximum of three years.
In rare cases, longer terms have been imposed
What Happens If You Violate a Peace Bond?
Breaching a common law peace bond can lead to charges under Section 127 of the Criminal Code (breach of court order).
Unlike statutory peace bonds, a breach does not trigger automatic firearms license revocation, but the Chief Firearms Officer may take action.
Key Differences: Common Law vs. Section 810 Peace Bonds What Should You Do If Facing a Peace Bond?
Seek legal counsel – A peace bond may impact your rights, freedoms, and reputation.
Understand the terms – Violating a peace bond can result in criminal charges.
Negotiate conditions – Some terms may be overly restrictive and could be challenged in court.
Need Legal Assistance?
If you have been ordered to enter a peace bond or need help defending against one, we can help. Our experienced criminal defense lawyers will guide you through the process and protect your rights.
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