Peace Bonds

From Canadian Criminal Law Notebook
Jump to: navigation, search

Introduction

A Peace Bond is a form of recognizance (a pledge to judge or justice to abide by conditions) that can be required at the request of either Crown or Defence, or on the Court's own motion. The Peace Bond lasts for up to 12 months and may include conditions such as requiring the accused to "keep the peace", to refrain from contact or communication with a named party, or not to possess any weapons or ammunition.

Timing
The Peace Bond can be ordered at any point before or during a trial.

Right to a Hearing
Where a trial judge is considering imposing common law peace bond, he must allow parties to make submissions on it, as a matter of fairness, before deciding.[1]

  1. e.g. see R v Riad, 2014 ONSC 3407 (CanLII), at paras 9 to 10

Common Law

The peace bond traces back to the English common law as a form of "preventative justice". It "empowers justices to place a person under bond where it appears the person may be a threat to peace, regardless of the fact the person has committed no offence." [1]

The common law peace bond still exists. It is not a criminal punishment that is extinguished by s. 9 of the Criminal Code and is affirmed by section 8(2)[2]

  1. Stevenson v Saskatchewan (Minister of Justice), 1987 CanLII 4983 (SK QB), 61 Sask.R.91 (Q.B.)
    R v Siemens, 2012 ABPC 116 (CanLII)
    see also Mackenzie v Martin, 1954 CanLII 10 (SCC), [1954] SCR 361 at p.370
  2. 8.(2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.

Statute

The peace bond provisions between s.810 and 810.2 are all invoked on the same standard, whether the judge is "satisfied by the evidence adduced that the informant has reasonable grounds for the fear" that he will commit one of the enumerated offences.[1] Where satisfied, the accused will be required to enter into a recognizance to "keep the peace and be of good behaviour".

Proceedings under s. 810 to 810.2 are more civil than criminal nature. It is not designed to punish for past bad acts, but rather is preventative in nature. It only carries the potential for criminal charges upon violation.[2]

The court must assess the "present risk" of the person in committing an enumerated offence in the future. The court must consider "all relevant factors in a person’s life" and "factors that are not immutable but will change over time".[3] Then the court must balance the interests in protecting the victims of the enumerated crime and the interest of the person's liberty.[4]


The purpose of s. 810.1 is not to punish but to prevent crime from happening.[5]

Section 810.1 does not violate s. 7 and is constitutional.[6]

Orders under s. 810.1 is "designed to protect children from victimization." [7]

  1. See comment R v Nawakayas, 2013 SKPC 35 (CanLII) at para 1
  2. R v Bilida, 1999 ABQB 1016 (“... is not a criminal charge, nor does it address past misconduct”)
    c.f. R v Fontaine, 2010 SKPC 16 (CanLII) rejects view of it as a "quasi criminal" proceeding
    Nawakayas at para 7, 8
    R v Budreo, 2000 CanLII 5628 (ON CA), (2000), 142 CCC (3d) 225 (Ont. C.A.) (s. 810.1 "is a preventative provision not a punitive provision.")
  3. Budreo at para 25, 33
  4. Budreo at para 39
  5. R v Budreo at para 30
    R v Nawakayas, at paras 7-13
  6. R v Budreo
    R v Sem Paul Obed, 2000 CanLII 28287 (NS PC)
  7. R v Loysen, 2006 SKQB 290 (CanLII) at para 1
    R v Budreo at para 25 ("It aims not to punish past wrongdoing but to prevent future harm to young children, to prevent them from being victimized by sexual abusers.....It is about assessing the present risk of a person committing a sexual offence against young children...")

Laying on Information

See also: Laying of an Information and Issuing Process

The "laying of an information" does not require the applicant swear and information before a provincial court judge.[1]

  1. R v K(R), 2011 ONCJ 129 (CanLII)

"Reasonable Grounds for the Fear"

All four types of peace bonds require that the provincial court judge be satisfied that there is "reasonable grounds for the fear" that the respondent will commit one of the enumerated offences.

The requirement of "reasonable grounds" for a "fear" suggests "a reasonably based sense of apprehension about a future event" or "a belief, objectively established, that the individual will commit an offence".[1]

The judge is to look at the risk of "future harm" not "future conduct".[2]

  1. R v Budreo, 2000 CanLII 5628 (ON CA), (2000), 142 CCC (3d) 225 (Ont. C.A.)
  2. R v Letavine, 2011 ONCJ 444 (CanLII)

Evidence

The onus is on the Crown to satisfy the court on a balance of probabilities that there are sufficient grounds to make the order.[1]

The court must consider all relevant evidence.[2]

The standards of evidence are relaxed and may include hearsay.[3]

Hearsay evidence is admissible but may be given limited weight.[4] However, second-hand information will mostly be considered non-hearsay since it is tendered for the purpose of establishing belief and not the underlying fact.[5]

  1. Nawakayas at para 13
    see R v Soungie, 2003 ABPC 121 (CanLII)
    R v Boone, 2003 MBQB 292 (CanLII) at para 8
  2. Nawakayas at para 13
    see R v Loysen, 2006 SKQB 290 (CanLII), para 17
  3. Nawakayas at para 18
  4. R v Nawakayas at para 15
  5. Nawakayas at para 18

Injury or Damage Peace Bond (810)

Under s. 810 a provincial court judge or justice of the peace may require a person to enter into a recognizance, often called a "peace bond", for a period of up to 12 months. The judge or justice must be satisfied that the person will cause injury to another person, their spouse, or child or will damage another person's property.

Sureties to Keep the Peace

Where 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 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.
Duty of justice
(2) A justice who receives an 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.
Adjudication
(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,

(a) 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 subsections (3.1) and (3.2), 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.

...
Forms
(4) A recognizance and committal to prison in default of recognizance under subsection (3) may be in Forms 32 and 23, respectively.
Modification of recognizance
(4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
Procedure
(5) The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section.
R.S., 1985, c. C-46, s. 810; 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8, c. 39, s. 157; 2000, c. 12, s. 95.


CCC


A provincial court judge has power to impose a 810 peace bond upon an accused post-trial. However, notice must be given to allow for an opportunity to either call evidence or make submissions. Further, there must be a factual basis to conclude that there is a future risk of a breach of the peace.[1]

  1. R v Wells, 2012 ABQB 77 (CanLII)

Conditions

810
...
Conditions
(3.1) 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 defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.
Surrender, etc.
(3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

(a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and
(b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Reasons
(3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.
Idem
(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 of 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.

...
R.S., 1985, c. C-46, s. 810; 1991, c. 40, s. 33; 1994, c. 44, s. 81; 1995, c. 22, s. 8, c. 39, s. 157; 2000, c. 12, s. 95.


CCC

Organized Crime Peace Bond (810.01)

Fear of certain offences
810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1, a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.
Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.
Duration extended
(3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.
Refusal to enter into recognizance
(4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.
Conditions in recognizance
(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes the request;
(c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;
(d) to return to and remain at their place of residence at specified times; or
(e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

Conditions — firearms
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
Surrender, etc.
(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.
Reasons
(5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.
Variance of conditions
(6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(7) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.
1997, c. 23, ss. 19, 26; 2001, c. 32, s. 46, c. 41, ss. 22, 133; 2002, c. 13, s. 80; 2009, c. 22, s. 19.


CCC

Terrorism Peace Bond (810.011)

Fear of terrorism offence
810.011 (1) A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney General’s consent, lay an information before a provincial court judge.
Appearances
(2) The provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.
Duration extended
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a terrorism offence, the judge may order that the defendant enter into the recognizance for a period of not more than five years.
Refusal to enter into recognizance
(5) The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.
Conditions in recognizance
(6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes that request;
(c) to return to and remain at their place of residence at specified times;
(d) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(e) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.


Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.
Surrender, etc.
(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.
Condition — passport
(9) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Condition — specified geographic area
(10) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Reasons
(11) If the provincial court judge does not add a condition described in subsection (7), (9) or (10) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.
Variance of conditions
(12) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(13) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.
Definition of Attorney General
(14) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.
2015, c. 20, s. 25.


Forced Marriage

Fear of forced marriage or marriage under age of 16 years
810.02 (1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge.
Appearances
(2) The judge who receives the information may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.
Duration extended
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.
Refusal to enter into recognizance
(5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.
Conditions in recognizance
(6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

(a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;
(b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;
(c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;
(d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;
(e) require the defendant to participate in a treatment program, including a family violence counselling program;
(f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and
(g) require the defendant to return to and remain at their place of residence at specified times.

Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
Surrender, etc.
(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.
Variance of conditions
(9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
2015, c. 29, s. 11.


CCC

Sexual Offence Peace Bond (810.1)

Where fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.
Duration extended
(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.
Conditions in recognizance
(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;
(a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;
(b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;
(b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary;
(c) require the defendant to participate in a treatment program;
(d) require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;
(e) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
(f) require the defendant to return to and remain at his or her place of residence at specified times; or
(g) require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

Conditions — firearms
(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
Surrender, etc.
(3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.
Condition — reporting
(3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.
Refusal to enter into recognizance
(3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.
Judge may vary recognizance
(4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(5) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.
1993, c. 45, s. 11; 1997, c. 18, s. 113; 2002, c. 13, s. 81; 2008, c. 6, ss. 52, 54, 62; 2012, c. 1, s. 37; 2014, c. 21, s. 4, c. 25, s. 31.


CCC


Serious Personal Injury Peace Bond (810.2)

Where fear of serious personal injury offence
810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Appearances
(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.
Duration extended
(3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.
Refusal to enter into recognizance
(4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.
Conditions in recognizance
(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes the request;
(c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;
(d) to return to and remain at his or her place of residence at specified times; or
(e) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

Conditions — firearms
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
Surrender, etc.
(5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.
Reasons
(5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.
Condition — reporting
(6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.
Variance of conditions
(7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
Other provisions to apply
(8) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.
1997, c. 17, s. 9; 2002, c. 13, s. 82; 2008, c. 6, s. 53.


CCC

Terrorist Activities Recognizance

Attorney General’s consent
83.3 (1) The Attorney General’s consent is required before a peace officer may lay an information under subsection (2).
Terrorist activity
(2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

(a) believes on reasonable grounds that a terrorist activity will be carried out; and
(b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

Appearance
(3) The judge who receives the information may cause the person to appear before any provincial court judge.
Arrest without warrant
(4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), if

(a) either
(i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or
(ii) an information has been laid under subsection (2) and a summons has been issued; and
(b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary in order to prevent a terrorist activity.

Duty of peace officer
(5) If a peace officer arrests a person without a warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b),

(a) lay an information in accordance with subsection (2); or
(b) release the person.

When person to be taken before judge
(6) Unless a peace officer, or an officer in charge as defined in Part XVI, is satisfied that a person should be released from custody unconditionally before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

(a) if a provincial court judge is available within 24 hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period; and
(b) if a provincial court judge is not available within 24 hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as feasible.

How person dealt with
(7) When a person is taken before a provincial court judge under subsection (6),

(a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or
(b) if an information has been laid under subsection (2),
(i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the person’s detention in custody is justified on one or more of the following grounds:
(A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),
(B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including
(I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and
(II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and
(C) the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and
(ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed 48 hours.

Hearing before judge
(8) The judge before whom the person appears in accordance with subsection (3)

(a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the judge considers desirable for preventing the carrying out of a terrorist activity; and
(b) if the person was not released under subparagraph (7)(b)(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

Refusal to enter into recognizance
(9) The judge may commit the person to prison for a term not exceeding 12 months if the person fails or refuses to enter into the recognizance.
Conditions — firearms
(10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance.
Surrender, etc.
(11) If the judge adds the condition described in subsection (10) to a recognizance, they shall specify in it the manner and method by which

(a) the things referred to in that subsection that are in the person’s possession shall be surrendered, disposed of, detained, stored or dealt with; and
(b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.

Reasons
(12) If the judge does not add the condition to a recognizance, they shall include in the record a statement of the reasons for not adding it.
Variance of conditions
(13) The judge, or any other judge of the same court, may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.
Other provisions to apply
(14) Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section.
2001, c. 41, s. 4; 2013, c. 9, s. 10.


CCC

Breaches of a Peace Bond

Breach of recognizance
811 A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.

R.S., 1985, c. C-46, s. 811; 1993, c. 45, s. 11; 1994, c. 44, s. 82; 1997, c. 17, s. 10, c. 23, ss. 20, 27; 2001, c. 41, s. 23; 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12.


CCC

An offence of a "breach of recognizance" under s. 811 is an absolute jurisdiction offence under s. 553(c)(ix) and so there is no defence election. It must be tried by provincial court judge.

A breach of a peace bond order cannot amount to a breach of undertaking under s. 145(3).[1]

Terms of a peace bonds apply to conduct that occurs in other provinces.[2]

  1. R v Simancek, [1993] O.J. No. 1342 (O.C.A.)(*no link)
  2. see e.g. R v Pheiffer, 1999 BCCA 558 (BCCA)

Ranges

History

On July 17, 2015, the Tougher Penalties for Child Predators Act (Bill C-26) came into force resulting in an increase of the maximum penalties for convictions s. 811. On summary conviction, the maximum penalties increased from 6 months and to 18 months. On indictable election, the maximum penalties increased from 2 years to 4 years.

See Also

  • R v Siemens, 2012 ABPC 116 (CanLII) gives a detailed summary of the history of the peacebond

Application Digests