New provision relating to Peace Bonds as of April 8, 2025

Grace Condello, Neuberger & Partners LLP

Bill S-205 received Royal Assent on October 10, 2024 and introduced several amendments, including a new section to the Criminal Code of Canada – s. 810.03 –specifically relating to Peace Bonds in the context of domestic violence cases, now formally referred to as intimate partner violence cases (IPV). Section 810.03 came into force on April 8, 2025.

What is a Peace Bond?

A Peace bond is a court order requiring a person to keep the peace and be of good behaviour for a period of time.

A peace bond can be obtained through an information sworn pursuant to s. 810 of the Criminal Code or relying on the common law to require a person to enter into a peace bond without reference to the Criminal Code.

The differences are:

• a s. 810 peace bond is based on a sworn information while a common law peace bond generally is not;
• a s. 810 bond can be for a period not to exceed 12 months while there is no maximum period for a common law bond;
• a s. 810 bond is based on a more limited basis, that the complainant fears on reasonable grounds that another person will cause personal injury damage to property;
• a common law peace bond has a wider scope, a reasonably apprehended breach of the peace.

Neither forms of Peace bonds are findings of guilt or criminal convictions. However, a person may be charged where they fail to comply with any of the terms of the bond.

 

Overview of s. 810.03 Peace Bonds:

Section 810.03 creates a distinct type of Peace Bond tailored to address IPV-related concerns. A person may apply for as. 810.03 Peace Bond—including complainants, police officers, family members, or others – where there exists reasonable grounds to fear that a personal injury offence may be committed against an intimate partner or a child of the other person.

In IPV-related criminal cases that are expected to resolve by way of a Peace Bond, the Crown Attorney has discretion to determine the appropriate type of bond: a common law Peace Bond, one under section 810, or a section 810.03 bond.

A Judge may impose a peace bond under either section after the conclusion of a trial – even where a person is found not guilty if the Judge determines it is necessary for the protection of the parties.

Key differences between s. 810 and s. 810.03 Peace Bonds

Scope:        

The new section does not apply to fears of property damage.

Duration:

While s. 810 Peace Bonds are typically limited to 12 months, those issued under s. 810.03 may be extended to 24 months if the defendant has a prior conviction for a violent offence involving an intimate partner or child (e.g., domestic assault).

Purpose and Focus:

Section 810.03 places greater emphasis on the safety and security of the intimate partner or child.

Conditions:

The new provision also provides wider latitude to impose conditions that will protect the safety of the intimate partner/child, including conditions to attend a treatment program or wear an electronic monitoring device.

Variation of the Conditions:

Where the defendant makes an application to vary any conditions of the Peace Bond, the court must now consult with the IP complainant and/or their family to assess whether it will impact the potential impact on their safety.  The Crown may make submissions on their behalf.

Indigenous Persons:

Where the complainant or defendant are Indigenous, a provincial court Judge must consider whether Indigenous support services are appropriate.

Refusal to Enter into a Peace Bond:

Under s. 810.03(5), where a person refuses to enter into the peace bond, a Judge may commit the defendant to prison for a term not exceeding 12 months.

 

If you require legal advice on peace bonds or any other criminal matter, contact our office at 416-364-3111.