WHAT IS A PEACE BOND?

Transcription

1 WHAT IS A PEACE BOND? The purpose of a peace bond is to prevent injury or harm to another person, or damage to property, by restraining (restricting) the behaviour of a person that you believe is a danger to you, your family and/or your property. A Peace Bond is an order made by a Judge. It is a legal document obtained through Criminal Court. A peace bond may simply state that the person ordered by the Court is to keep the peace and be of good behaviour, for a period of time, up to 12 months. There may be no other condition attached. This Booklet is produced in December 2010 by The Northwest Community Legal Clinic The purpose of this booklet is: To outline the important concepts behind a peace bond, and To provide step-by-step advice on how to apply for a peace bond. This booklet has been written for a women s focus, but hopefully, the information is general enough that it will be useful for anyone wanting information about a peace bond. Before other conditions will be included, the person requesting the peace bond must show why these conditions should be added. For discussion purposes of this pamphlet, a condition that the person has no contact is included in the peace bond. However, it is for the Judge to decide if a person should be required to enter into a peace bond, and if so, if any other conditions should be included. A peace bond is sometimes called a no contact order, or simply an 810 (because it is section 810 of the Criminal Code of Canada that outlines procedures for peace bonds). A peace bond can be confused with an Undertaking, a Recognizance, Release Conditions or a Probation Order. Each has a different purpose; each may also contain conditions similar to a peace bond, such as no contact with the victim. WHO DOES A PEACE BOND HELP? A peace bond can help anyone who is afraid of another person. You can apply

2 to obtain a peace bond against someone when you fear that person may cause harm to you, your spouse, your children, or to your property. You can also apply for a peace bond on behalf of someone else whose personal safety or property is threatened. This can be done by a parent, grandparent, sibling, co-worker or friend. A peace bond does not cost anything and you do not need a lawyer, although you can decide to retain one. RESTRAINING ORDERS Peace bonds are often confused with Restraining Orders from family law. The process or way in which you obtain a restraining order is very different from how you obtain a peace bond. While a peace bond is obtained through the Criminal Court, a restraining order is obtained through the Civil Court (sometimes called Family Court). The purpose of a restraining order (also known as a non-harassment order) is also different from the purpose of a peace bond. The purpose of a restraining order is to prevent a person from molesting, annoying, harassing or communicating with the Applicant or Respondent of a family law matter, with ones spouse or former spouse or the children. The term spouse includes a same-sex partner or a common-law partner. The law has changed to include a former boyfriend or former girlfriend if they were living together. Usually, restraining orders are available only to people involved in a relationship breakup, who have a family law matter before the Court. Generally, a restraining order is included along with other matters arising from the separation or breakup. However, it can be the only issue in an Application. If you are involved in a separation, tell your family law lawyer (or duty counsel at Family Court) if you have safety concerns, so that you can discuss whether applying for a restraining order would be appropriate. A restraining order can be sought under both the Children s Law Reform Act and the Family Law Act. Like a peace bond, a restraining order can be general, or it can have specific conditions: the person can be ordered to stay away from your home, place of work, children s school, parents home, or place of worship, etc. A restraining order, unlike a peace bond, may have no end date.

3 While a restraining order is not a criminal order, it is quasi-criminal in nature, because breaching the terms of a restraining order can result in a fine, imprisonment or both. If someone breaches (breaks) the terms of the restraining order, the police should be called. You should have a copy of the restraining order to show the police. Sometimes a police officer is reluctant to enforce a restraining order because it was not issued in Criminal Court. If an officer does not take your concerns seriously, call the police station and ask to speak to the Sergeant on duty. Discuss your concerns with the duty Sergeant. WHAT IS NECESSARY FOR A PEACE BOND? To obtain a peace bond you will have to convince a Justice of the Peace that you have reasonable grounds to be afraid that is, you fear for your safety, for the safety of your family (or another person), or you fear that your property will be damaged. Reasonable grounds mean that another ordinary person in your position would also be afraid. This pamphlet will outline the steps that you have to take in order to obtain a peace bond. WHAT DOES A PEACE BOND DO? A peace bond orders another person to keep the peace and be of good behaviour for up to 12 months. Often, this will be the only term in the peace bond. However, a peace bond can include specific conditions. These conditions, made by a Judge, are for your protection. For example, a Judge can include in the peace bond an order for the person to: Stay away from you and/or your family members Stay away from your place of residence and/or place of employment Not communicate, in any way, with you and/or your family (i.e., not by telephone, mail, , in person, through a friend, etc.), or Not possess any firearms or ammunition. Conditions of a peace bond can be changed, but any changes have to be done at Court and be approved by the Court. All peace bonds have a monetary penalty attached to them (usually $500.00). Generally, a person entering into a peace bond does not have to pay a cash

4 deposit, but the Court can ask for one. If the person entering into the peace bond fails to follow the conditions of the Court (i.e., breaches the peace bond), he or she may lose the amount pledged, plus face a criminal charge Breach of a Peace Bond. Although a peace bond is obtained through Criminal Court, it is not a criminal charge; a person agreeing to enter into a peace bond does not have a criminal record. However, Breach of a Peace Bond is a criminal offence, and if a person is convicted of breaching a peace bond, then that could result in a criminal record, as well as possible jail time, and/or a fine. HOW DO I OBTAIN A PEACE BOND? Discuss your concerns with the Police Go to the Court Office Meet the Justice of the Peace Swear to the Information Summons Go to Court Discuss with Police The first step is to discuss concerns about your safety with the police. Often, when you fear for yourself or your family s safety, the other person may have committed a criminal offence by threatening, harassing or assaulting you. If a criminal charge were brought against that person (the accused), it would not be necessary for you to obtain a peace bond. Instead, when an accused is charged with a criminal offence, there may be conditions imposed on the accused similar to those of a peace bond (i.e., that the accused have no contact with you, etc.) by way of Release Conditions or an Undertaking. Release conditions will continue until the matter is dealt with by the Court, by way of a guilty plea or a trial. The conditions can sometimes be changed, but

5 the changes have to be approved by the Court. Go to the Court Office The police may decide not to lay a criminal charge against the other person because there is not enough evidence. A police officer might suggest that you should apply for a peace bond. A Justice of the Peace has the authority to begin the process for a Peace Bond. To apply for a peace bond, go to the Court House and ask to speak to a Justice of the Peace. If there is no Court House in your community, go to the local police force and ask about meeting with a Justice of the Peace. Be patient as sometimes it will take a few days before you can meet. Meeting the Justice of the Peace The purpose of meeting with the Justice of the Peace (JP) is so that you can provide enough information to satisfy the JP that there are reasonable grounds for you to be afraid of the person you are concerned about. Bring all documents, including police reports and any evidence to support your claim. You may want to bring a support person with you to the meeting. At your meeting, the JP will listen to the events that have made you fear for your safety, the safety of a friend or family, and/or property. It is a good idea to prepare for this meeting. Evidence could include: A diary including descriptions, each date and time that the person has stalked, harassed, followed you, called you names or threatened you has damaged or threatened to damage your property (with photographs of the damage, if you have any). Hospital, medical records and/or any photographs if an assault has occurred. For example, the following types of events should be noted: driving by your house several times an hour sitting in a car watching you or your home

6 calling you several times an hour/day hanging up every time you answer the phone. If the JP does not feel that you have brought enough information, a second meeting may be necessary to give you time to gather all the information needed. The JP should also explain the process to you and what you will need to do next. Swearing to the Information After the Justice of the Peace has heard the reasons for your concern, if she or he is satisfied that there are enough grounds for a peace bond, you will be required to swear to an Information, that is, you will be required to take an oath: That what you have said is true, That the events you talked about happened as you say they did, and That you are afraid because of a threat or an implied threat that you, a family member or a person close to you could be harmed, or that your property could be damaged. Swearing to an Information that is not true or is incorrect can have serious consequences. After swearing to the truth of the Information, you will be asked to sign the document (form CC ). Summons Once the Information has been sworn, the JP may arrange for the Summons to be processed and served on the person named in the Information by a police officer. Or, you may have to make these arrangements yourself by contacting a Process Servor to serve the Summons. The Summons commands the person to appear in Court at a certain time and date. GOING TO COURT First Appearance The first time in Court is sometimes called First Appearance Court. If the person named in the summons does not appear on the day and time stated in the Summons, a Judge or Justice of the Peace (JP) may issue a Warrant for that person s arrest. You MUST remember you are the Prosecutor. It will be necessary for you to attend, not only First Appearance Court, but each and every time. You, as Prosecutor, have to attend Court because you are in charge of case ( the

7 prosecution ). If you are not in Court, the Judge or JP will throw out the application it will be dismissed "for want (lack) of prosecution." Often the matter will not be dealt with the first time that the person appears in Court. (However, you should be prepared, in case the Judge wants to go ahead right then.) The Court will want to know what the person named in the Summons wants to do. Another date for the same Court or to a different Court (Trial Court or Plea Court) may be scheduled, depending on whether the person wants to proceed with the matter or retain a lawyer. At some point, after a couple of court appearances, a hearing date will be set. If the person agrees to the terms of the peace bond, duty counsel (a lawyer who attends Criminal Court and provides free legal advice) may be able to help. However, duty counsel usually provides advice and assistance only to those who have been accused of a crime; not to you, because you are seen as the Prosecutor. Mutual Peace Bond Be careful if someone suggests that you enter into a mutual peace bond. This suggests that you have done something wrong as well. A mutual peace bond is when both of you agree to enter into a peace bond. A mutual peace bond may be suggested as a way to settle the matter. Or, the Court may be told that the other person also needs to be protected from you; If you agree to enter into a peace bond, you face the same restrictions and penalties. Do not agree to enter into a mutual peace bond just to have the matter over and done with. You should speak to a lawyer before you agree to enter into a peace bond. Plea Court or a Hearing If the other person does not agree to enter into a peace bond, the matter will be scheduled for a hearing, like a trial. It may take a few weeks for the matter to be scheduled for a hearing, or it could be scheduled right away. If you are in immediate danger, you can request that the Judge or Justice of the Peace order temporary terms until the hearing. At the hearing, it will be necessary for you to testify under oath. You must bring any documents that you want to rely on. As well, you must bring any witnesses

8 that you want to testify on your behalf. It is important to understand that because you have sworn an Information before the Justice of the Peace, it is up to you, as the Prosecutor, to prove that the person named in the Information has threatened you or that you have reasonable grounds to fear that the person will harm you or your family, or will damage your property. Unlike a criminal charge, you cannot rely on a lawyer in the Crown Attorney s office or a duty counsel lawyer to take over for you. If a lawyer does give you advice, make sure that you listen to the advice. The Judge will hear from you and from the other person. The Judge, after hearing all the evidence, will either dismiss the matter if there are not reasonable grounds, or order that the other person enter into a peace bond to keep the peace and be of good behaviour, for up to 12 months, and will include any other conditions that the Judge believes to be necessary. You should be prepared to state what conditions you feel are necessary for your safety. BREACHING A PEACE BOND As stated before, a person who enters into a peace bond does not have a criminal record. However, if that person disobeys any of the terms or conditions, i.e., breaches the peace bond, that can result in both a criminal charge and a criminal record, if convicted, with the possibility of jail time, and/or a fine. DO PEACE BONDS WORK? A peace bond is an imperfect tool issued by Criminal Court to deflect tension, by keeping people apart and away from each other so that a situation cannot escalate. Sometimes it is the wake-up call that the other person needs to understand that there can be serious consequences for his or her behaviour. However, depending on the situation, be cautious in believing that a peace bond will provide sufficient protection. Be aware that a peace bond works only

9 if the person entering into a peace bond is prepared to be bound by its terms. A peace bond will not deter a person intent on threatening you or engaging in violent behaviour. If you are concerned that a peace bond may be breached, be prepared and make a safety plan. If a condition is breached, call the police. You should also call a local women s shelter or sexual assault centre for assistance. It is important that you do not remain in a place of danger. CONCLUSION Going to Court to obtain a peace bond should not be taken lightly. As reviewed in this pamphlet the consequences of a peace bond can include criminal charges. However, in circumstances where a peace bond is warranted, it can help prevent injury or harm to a person or damage to property by restraining the behaviour of a person. If you are in a situation in which you feel that your safety is threatened, a peace bond may offer a solution. Call Northwest Community Legal Clinic for information: Atikokan office: (807) Fort Frances office: (807) or Toll free: Kenora office: (807) or Toll free: In Sioux Lookout: (807) or Toll free: The information in this booklet produced by the Northwest Community Legal Clinic is current to December 2010 and will not reflect further changes to rules or regulations.

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