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.
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.
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." 
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)
- Stevenson v Saskatchewan (Minister of Justice), 1987 CanLII 4983 (SK QB), 61 Sask.R.91 (Q.B.), per Halvorson J
R v Siemens, 2012 ABPC 116 (CanLII), per Rosborough J
see also Mackenzie v Martin, 1954 CanLII 10 (SCC),  SCR 361, per Kerwin J, at p. 370
- 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.
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. 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.
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". Then the court must balance the interests in protecting the victims of the enumerated crime and the interest of the person's liberty.
The purpose of s. 810.1 is not to punish but to prevent crime from happening.
Section 810.1 does not violate s. 7 and is constitutional.
Orders under s. 810.1 is "designed to protect children from victimization." 
There is a dispute over whether the procedures of Part XVI of the Code have an application to proceedings in relation to peace bonds.
- Peace Bond Against a Young Person
Under s. 20 of the YCJA, a justice may make a s. 810 order against a young person:
- See comment R v Nawakayas, 2013 SKPC 35 (CanLII), per Morgan J, at para 1
R v Bilida, 1999 ABQB 1016 (CanLII), per Martin J (“... is not a criminal charge, nor does it address past misconduct”)
cf. R v Fontaine, 2010 SKPC 16 (CanLII), per Nightingale J rejects view of it as a "quasi-criminal" proceeding
Nawakayas, supra, at paras 7, 8
R v Budreo, 2000 CanLII 5628 (ON CA), (2000), 142 CCC (3d) 225 (Ont. C.A.), per Laskin JA (s. 810.1 "is a preventative provision not a punitive provision.")
- Budreo, supra, at paras 25, 33
- Budreo, ibid., at para 39
Budreo, ibid., at para 30
Nawakayas, supra, at paras 7 to 13
R v Sem Paul Obed, 2000 CanLII 28287 (NS PC), per C Williams J
R v Loysen, 2006 SKQB 290 (CanLII), per Wilkinson J, at para 1
Budreo, supra, 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...")
R v Penunsi, 2018 NLCA 4, per Hoegg JA
MacAusland v Pyke, 1995 CanLII 4541 (NS SC), per Kelly J
Laying on Information
The "laying of an information" does not require the applicant swear and information before a provincial court judge.
"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".
The judge is to look at the risk of "future harm" not "future conduct".
Conditions based on proven likelihood of harm should be "relatively slight".
There is divided authority that suggests that where an information has been laid under s. 810, the court may rely on the provisions of Part XVI [Compelling Appearance of Accused Before a Justice and Interim Release] to authorize arrest warrants and governs bail.
The onus is on the Crown to satisfy the court on a balance of probabilities that there are sufficient grounds to make the order.
The court must consider all relevant evidence.
The standards of evidence are relaxed and may include hearsay.
Hearsay evidence is admissible but may be given limited weight. 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.
R v Nawakayas, 2013 SKPC 35 (CanLII), per Morgan J, at para 13
see R v Soungie, 2003 ABPC 121 (CanLII), per Allen J
R v Boone, 2003 MBQB 292 (CanLII), per Darichuk J, at para 8
Nawakayas, supra, at para 13
see R v Loysen, 2006 SKQB 290 (CanLII), per Wilkinson J, at para 17
Nawakayas, supra, at para 18
Nawakayas, supra, at para 15
Nawakayas, supra, at para 18
Types of Peace Bonds
Risk of Injury Peace Bond (810)
Organized Crime Peace Bond (810.01)
Terrorism Peace Bond (83.3 and 810.011)
Forced Marriage (810.02)
Sexual Offence Peace Bond (810.1)
Serious Personal Injury Peace Bond (810.2)
Protection of Vulnerable Witness Peace Bond (810.5)
Breaches of a Peace Bond
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 a provincial court judge.
A breach of a peace bond order cannot amount to a breach of an undertaking under s. 145(3).
Terms of a peace bond apply to conduct that occurs in other provinces.
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.
Appearance by Video Link
Transfer of Bond Between Provinces
Collection and Use of Bodily Samples Under Peace Bond
- R v Siemens, 2012 ABPC 116 (CanLII), per Rosborough J gives a detailed summary of the history of the peacebond