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peace bond
DCHP-3 (Jan 2023)
n. — predominantly Law
a court order forbidding certain actions, e.g. to approach someone.
Type: 2. Preservation — A peace bond is the unofficial name for an order provided by a Canadian criminal court for the purposes of deterring crime (see Gov’t of BC). Peace bonds have been used with increasing frequency since the mid-1990s (see Doerksen 2013: 3) and are generally issued to prevent crimes of sexual offence (s. 810.1) (see Image 1), dangerous offence (s. 810.2), and criminal organization & terrorist offences (s. 810.01) (see Doerksen 2013: 3). A peace bond is officially known as an "810 recognizance" (see Gov’t of BC) because it is sanctioned by section 810 (“Sureties to Keep the Peace” - see Justice Laws Canada) of Canada's Criminal Code, whose formal title is An Act respecting the Criminal Law (see Gov’t of Canada). It is the only Canadian law that "allow[s] for persons who have not been charged with a crime to be governed as if they had" (Doerksen 2013: 4).
Peace bonds can be ordered by a court against an individual who has not been charged or convicted of any offence (see Gov’t of BC ) in cases where the threshold of "reasonable fear" has been met (Doerksen 2013: 4). This individual must then adhere to the conditions formally set out by the court in order to “keep the peace” (see Gov’t of BC ). These conditions can include: staying away from particular people or places; not carrying weapons; not using drugs or alcohol; obeying curfews; and reporting regularly to police or a probation officer (see Gov’t of BC). The consequences of not adhering to the conditions of the peace bond can include: the imposition of fines up to a maximum of $5,000; the laying of criminal charges; being placed on probation; and possible jail time of up to 2 years (see Gov’t of BC). The maximum allowable term limit for a peace bond is 12 months, after which time courts may, upon judicial review, decide to renew the peace bond (see Gov’t of BC).
The term was once widespread in North America, as the 1922 quotation from the New York Times illustrates (see also Image 2). Although this term does exist in British, Irish, Indian, and American contexts, it is today used far more frequently in Canada, where it has become more and more popular, especially in recent decades (see Image 1). The widespread popularization in Canada in the media is connected with a court case of public interest (see fist note).
Peace bonds can be ordered by a court against an individual who has not been charged or convicted of any offence (see Gov’t of BC ) in cases where the threshold of "reasonable fear" has been met (Doerksen 2013: 4). This individual must then adhere to the conditions formally set out by the court in order to “keep the peace” (see Gov’t of BC ). These conditions can include: staying away from particular people or places; not carrying weapons; not using drugs or alcohol; obeying curfews; and reporting regularly to police or a probation officer (see Gov’t of BC). The consequences of not adhering to the conditions of the peace bond can include: the imposition of fines up to a maximum of $5,000; the laying of criminal charges; being placed on probation; and possible jail time of up to 2 years (see Gov’t of BC). The maximum allowable term limit for a peace bond is 12 months, after which time courts may, upon judicial review, decide to renew the peace bond (see Gov’t of BC).
The term was once widespread in North America, as the 1922 quotation from the New York Times illustrates (see also Image 2). Although this term does exist in British, Irish, Indian, and American contexts, it is today used far more frequently in Canada, where it has become more and more popular, especially in recent decades (see Image 1). The widespread popularization in Canada in the media is connected with a court case of public interest (see fist note).
See: day parole
The term peace bond seems to have been widely publicized in connection with law cases involving former CBC star radio host Jian Ghomeshi, since settled with the use of peace bonds. The allegations, which became public in 2014, centred around the abuse of power, sexual misconduct, and sexual harrassment. In 2015/16 (see the 2016 quotation), the term peace bond became prominent with public news coverage of the case.
Quotations
1922
[The $2,000 peace bond in which they agree not to call strikes in the Kansas coal fields was signed late today and was approved by District Judge Frank Boss. They had served the fifth month of a six-month sentence for violating the criminal provisions of the Industrial Court law.]
1949
Homer B. Chase, Georgia chairman of the Communist party, was put under a $5,000 peace bond today in an action said to be unprecedented against a political leader. He was jailed when he failed to post the amount.
1968
St. John's (CP) -- Former magistrate Eleazor Brace was given a two-year suspended sentence and placed on a $500 peace bond here yesterday. He was appearing on 25 charges of theft and falsification of accounts to the Justice Department.
1986
In January 1985 she went to family court in Dartmouth to get a peace bond to keep her husband away from her. He had attacked her after watching a television documentary about sex and violence.
1998
James Akerson, 37, was charged Christmas morning with breaching a peace bond, assaulting a peace officer, assault causing bodily harm and uttering threats to cause death to a police officer.
Akerson was arrested after police were called to a dispute at a Big Cove home at around 4 a.m. Dec. 25. Akerson is expected to answer the charges and set a date for a bail hearing.
2008
Benson, 28, staged the incident on May 5, 2007, just over three months after he was released from prison, where he served an entire 91/2-year sentence for attempted murder and sexual assault in raping a 20-year-old woman at knife-point.
Benson pleaded guilty in March to extortion, assault with a weapon, use of an imitation weapon and breaching a peace bond.
Crown prosecutor Patricia Yelle previously told court Benson did not complete any treatment programs during his prison stay, prompting her to pursue the bid to have him declared a long-term offender.
2016
TORONTO - A sexual assault charge laid against former CBC radio star Jian Ghomeshi is expected to be withdrawn Wednesday, a source has told The Canadian Press.
In exchange, Ghomeshi will first have to sign a peace bond.
The source, who spoke on condition of anonymity, confirmed that the arrangement means Ghomeshi won't have to face a trial that had been scheduled to start on June 6.
TORONTO - A sexual assault charge laid against former CBC radio star Jian Ghomeshi is expected to be withdrawn Wednesday, a source has told The Canadian Press.
In exchange, Ghomeshi will first have to sign a peace bond.
The source, who spoke on condition of anonymity, confirmed that the arrangement means Ghomeshi won't have to face a trial that had been scheduled to start on June 6.
2019
He made a copy of his old restraining order against David that Sophia had couriered to him. He could probably get away with a peace bond. David would contest it, though, and shit would get real.
References
- Gov't of BC • <I>Peace Bond</I>
- Gov't of Canada • "The Criminal Code of Canada"
- Justice Laws Canada • "Summary Convictions, Continued"
- Doerksen (2013) • "Fighting Fear with Fear: A Governmental Criminology of Peace Bonds."
Images
Chart 1: Normalized searches for "peace bond" in Canadian Newsstream (Normalizer "the")
Image 1: The Canadian legal system struggling to deal effectively with gender violence. Photo: the Globe & Mail, 18 May 1984.
