Canadian Criminal Procedure and Practice/Pre-Trial Matters/Peace Bonds

Introduction
A Peace Bond is a form of recognizance that a judge can order 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 "keeping the peace"; to refrain from contact or communication with a named party; not to possess any weapons or ammunition.

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

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."

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)

Legislation
A provincial court judge has a common law 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.

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