What is a peace bond?
A peace bond is a protection order issued by the police or the courts that requires an individual (defendant) to keep the peace and be of good behaviour and follow conditions to prevent harm such as no contact with persons or not to possess any firearms. Section 810(1) of the Criminal Code of Canada describes that,
If injury or damage feared
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
(a) 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; or
(b) will commit an offence under section 162.1
Who can apply for a peace bond?
Any individual can request a peace bond if they have good reason to fear that the defendant will harm them or their child, spouse or common law partner or damage their property. A peace bond can also be requested if there is evidence that the defendant has threatened to release or distribute intimate photos of them.
Where can I apply for a peace bond?
We strongly recommend those who are making application for a peace bond do so at the Regina Police Service; however, you can also apply at the provincial courthouse. Please contact a lawyer to find out more information about their processes.
How should I prepare before I contact the police?
If possible, bring a written statement with you and include a detailed description of the individual that is threatening or harassing you. Bring any notes regarding past incidents or any threatening letters, emails, texts, pictures, social media messages or voicemail. It is important to try to keep thorough notes about any incidents and to keep any text messages, emails, or copies of communications that have been sent by the individual that are threatening or harassing.
What happens after I apply for a peace bond?
The police will conduct an investigation to determine if there are reasonable grounds that support the individual’s fears. The police will create the peace bond which will include a list of rules that must be followed by the defendant such as no contact with the victim. The police will contact the defendant to determine if they will agree to the conditions of the peace bond.
What happens if the defendant does not agree to the peace bond?
A hearing for the peace bond application will be scheduled.
What types of rules or conditions will someone subject to a peace bond have to follow?
What should a victim do if a condition is not being followed?
If an accused person violates a condition of their release, you should call the police. If it is an emergency situation, please call 9-1-1 immediately. Otherwise, call the Police non-emergency line at 306-777-6500.
The victim or witness should try to provide the police with anything that might help to prove that the condition was broken – for example, a text message or Facebook message that they received from the accused person.
How long does a peace bond stay in place?
They can be in place for up to one year.
Government of Canada. Criminal Code of Canada, R.S.C. 1985, c.46, s.810(1-2). http://laws-lois.justice.gc.ca/eng/acts/C-46/section-810.html.
Government of Canada. Cyberbullying and the Non-consensual Distribution of Intimate Images. 2017.
Government of Canada. Department of Justice. Victims’ Rights in Canada: Peace Bonds Fact Sheet. 2015. http://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html.