Sexual Assault Resources

Sexual Assault Charges & Overview

Cost Of A Sexual Assault Lawyer

Honest But Mistaken Belief In Consent

Mistaken Identity

Peace Bonds

Conditional Discharges

Intermittent & Suspended Sentences

Trial Process

Cross Examination

Appellate Review

If a person is charged with sexual assault, there are always risks and uncertainties in proceeding to trial. Generally, the Crown will want to have a trial if there is a reasonable prospect of conviction. For weaker cases, where the Crown perceives there is little prospect of conviction, or perhaps where the alleged victim is expressing reluctance to proceed to trial,the Crown may consider resolving the matter by offering that the accused can enter into a s. 810 Criminal Code peace bond.

A s. 810 peace bond is an order by a judge or justice of the peace that the defendant enters 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. The court may also add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant to:

  • abstain from communicating directly or indirectly with the complainant
  • not attend at the complainant’s residence, place of employment, or school
  • not possess any firearms or weapons
  • not consume alcohol or non-prescription drugs

When a defendant who is charged with a sexual assault enters into a peace bond, they are not required to admit they are guilty of the sexual assault allegation. Upon entering the peace bond, the Crown will then withdraw the sexual assault charge. A peace bond is simply an order by the court to refrain from unlawful behaviour and may include various other conditions as described above.

Peace bonds are not a direct punishment or considered to be a criminal conviction. In other words, if a person enters into a s. 810 Criminal Code peace bond or a common law peace bond, they do not receive a criminal record. Any accused who is facing even a minor sexual assault charge and is able to have the sexual assault charge withdrawn after entering into a peace bond, would consider that a huge win.

Defendant’s Obligations to Enter Into a Peace Bond

Defendant Enters into a Recognizance: The defendant must agree to the recognizance, which is an order by a judge or a justice of the peace that the defendant must abide by the court’s conditions. Failure to comply can result in criminal charges. The accused typically seeks guidance from a lawyer to understand the scope of these obligations.

  • No Contact: Defendants are often required to avoid any communication or interaction with the complainant directly or indirectly.
  • No Weapons: Defendants may be ordered to not possess any weapons and  surrender any weapons they own or possess.

Breach of Peace Bond

If a peace bond is breached, this is considered a criminal offence under s. 811 of the Criminal Code (i.e.,  breach of a recognizance) A defendant who breaches the terms of a peace bond can face arrest without a warrant.   The accused can then choose to either plead guilty to the breach or have   a trial.  Following a conviction,  the court decides whether the breach warrants jail time or other penalties. A breach of a peace bond  is a serious matter which will result in a criminal record if the accused is found guilty of the breach or pleads guilty. 

  • Arrest Warrant: May be issued upon breach.
  • Penalties for Breaching: Possible Jail Time, Fines, Additional Conditions on release.

 

Frequently Asked Questions

To obtain a peace bond under s. 810 of the Criminal Code,  the complainant must have reasonable grounds to fear that the defendant will cause injury to them or to their intimate  partner or child or will damage their property or will commit an offence under 162.1 (i.e., publication of an intimate image without consent).   

Typically a complainant will provide a statement to the police setting out their version of events that for example,  they were threatened, harassed, or assaulted. The police will then obtain statements from other witnesses who may  support or refute the complainant’s version of events.  The defendant can choose to enter into the peace bond or deny the allegations.  If the defendant denies the allegations and decides to have a contested peace bond hearing, the Crown will typically call the complainant to testify along with any other witnesses.  The defendant may also choose to testify at the peace bond hearing and call other defence witnesses. The Court will then decide whether the complainant has reasonable ground to fear the defendant.  If the court finds that there are reasonable grounds to fear the defendant, a peace bond will be ordered.

Agreeing to a peace bond does not constitute an admission of guilt. It is a preventive measure, not a criminal conviction. The respondent may agree to a peace bond to avoid criminal proceedings, despite denying the allegations.

As set out in  s. 810(3) of the Criminal Code, a judge or a justice of the peace 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. It is a rare for the courts to order a peace bond for less than 12 months even for a minor threatening charge, and unheard of if the defendant was originally charged with sexual assault.

A peace bond can be contested by the defendant, who may argue against its issuance in court. If the defendant loses a contested peace bond hearing, there are limited grounds for appeal; any appeal would need to be based on a mistake of law rather than disagreement with the court’s decision.

Breaching the conditions of a peace bond is a criminal offence that can result in being charged with a breach of recognizance under s. 811 of the Criminal Code. This could result in arrest and possible imprisonment. If the crown elects by indictment, the accused could face up to a 4-year jail term.