Peace Bonds: A Remedy Against Harassment

Criminal and penal law • Published on October 11, 2017

Recognizance to keep the peace, “no-contact order”, section 810 of the Criminal Code, peace bond… let’s put things in order so you can find your way.

Are you a victim of harassment, intimidation, threats or violence? Are you in a conflict with your neighbour and afraid they will harm you or your property? A peace bond under section 810 of the Criminal Code may be a solution to consider, and our lawyers in Québec City and Lévis can help you.

What is a peace bond?

Commonly called a “recognizance to keep the peace”, or wrongly called a “no-contact order” by some, it is a court order that requires a person to comply, for a maximum of 12 months, with certain restrictive conditions to do or stop doing something.

The purpose? To end a conflict and prevent a person from committing a criminal offence against the person applying for the peace bond. A peace bond is therefore not a criminal offence. It is preventive in nature and does not result in a criminal record for the person against whom it is made (the “defendant”).

Who can apply for one?

Under section 810 of the Criminal Code, a peace bond can be requested by a person called the “informant”. The word “person” refers to any individual. Based on one interpretation of section 2 of the Criminal Code, this term would also allow an organization, a business, a trade union, a municipality or an association to seek a peace bond.

How do you proceed?

A person who wants to obtain a peace bond should ideally consult a qualified lawyer from the start to assess the impact and chances of success of the proceeding. As a general rule, the person will have to follow the steps below, which may vary slightly from one judicial district to another.

1. Go to the local police station to make a sworn statement before a police officer and obtain an incident number;
2. Go to the court office of the courthouse or Municipal Court of the judicial district where they live, with the original of their sworn statement, to fill out a form called an “information”, which must be completed and filed at the same place;
3. Meet on site with a city or Crown lawyer who will determine whether the proceeding is justified;
4. If the lawyer decides that it is appropriate, they will send everything to a judge;
5. The judge then sets an appearance date for the defendant and gives the informant a document called a “summons”, which tells the defendant to appear before the court on a specific date;
6. Have the summons served on the defendant by a bailiff;
7. Go to the courthouse or Municipal Court at the time indicated on the summons and file proof that the summons was served on the defendant;
8. The defendant will be present to state whether they intend to sign the peace bond or contest the merits of the information;
9. If the defendant contests the merits of the information, the judge then sets a trial date to rule on the peace bond;
10. Attend the trial;
11. Once the parties have been heard, the judge will make a decision;
12. If the judge grants the application for a peace bond, conditions will be imposed on the defendant.

What evidence is required?

Any informant who wants to obtain a peace bond must prove to the court:

1. That on the day of the hearing;
2. They honestly fear a serious, real and imminent danger;
3. That the defendant will:
   • cause personal injury to them, their intimate partner or their child (a broad concept that includes physical and psychological harm);
   • damage their property, or that of their intimate partner or their child;
   • publish, distribute, transmit, sell or make available an intimate image of them, their intimate partner or their child.

The evidence therefore has two main parts, which must be proven on a balance of probabilities (50% + 1), which means showing that a fact is more likely than not. This standard of proof is easier to meet than the one that applies to criminal offences, which must be proven “beyond a reasonable doubt”.

First, the informant must prove a sincere and honest fear that, if they do not obtain a peace bond, one of the three scenarios listed above will occur.

Caution: if the personal injury the informant fears is psychological, the harm must not be based solely on mere nuisance, annoyance or insults from the defendant.

Second, the informant must prove that this fear is based on reasonable grounds and not on mere suspicions or rumours from third parties. In other words, the grounds must be valid and serious.

Harassment, threats of physical violence, vandalism and mischief are just a few examples of offences that allow an informant to go to court to obtain a peace bond.

Practical example

Michel and Réjean have been neighbours for more than 10 years. Their relationship is not very good. For almost a year, Réjean has been constantly watching Michel and keeps reminding him that the branches of his tree hang over onto his land and that the leaves pile up there.

For the past few months, Réjean has been harassing Michel, showing signs of aggression and threatening to cut down the tree on Michel’s land. Two days ago, Réjean shouted at Michel: “You’ll see, I’m not done with you! You’ll regret planting a tree there!” Since then, Michel has been anxious and suffers from insomnia. Michel knows that Réjean has a criminal record and has committed assault in the past.

In this situation, Michel can go to a judge to obtain a peace bond for several reasons.

First, he is sincerely afraid that Réjean will physically attack him or his family, given Réjean’s threats and aggressive behaviour. Michel also sincerely fears that Réjean will try to cut down, without his consent, the tree that is on his land and belongs to him. Finally, Michel sincerely fears that this situation will cause him psychological difficulties.

When Michel appears before the judge on the day of the trial, he will first have to prove that, on that date, he is still anxious, still suffers from insomnia and still honestly and sincerely fears that Réjean will turn his words into actions.

He will then also have to prove that his fears are based on the threats made by Réjean, the aggression shown toward him and the constant harassment over several years.

To do so, Michel can call his spouse, his children, a neighbour who witnessed the events or a former neighbour of Réjean as witnesses. Michel can also file proof of Réjean’s criminal record, which tends to show that he is a violent person.

What orders can be made?

Section 810 of the Criminal Code lists certain conditions a judge can impose as part of a peace bond. The judge can also impose any other condition they consider necessary. Here are some examples:

• Keep the peace;
• Be of good behaviour;
• Not possess any firearms, ammunition or explosive substances, of any kind;
• Not consume drugs, alcohol or other intoxicating substances;
• Not be at or go to a specified address, and not be within a specified distance of a place or person;
• Not communicate, directly or indirectly, with specified persons;
• Report to a specified place (police station, probation officer if applicable) for a specified period and at a specified frequency;
• Provide a sample of a bodily substance (DNA) for analysis;
• Not use the Internet or any other digital network, except in accordance with certain conditions;
• Participate in a treatment program;
• Wear an electronic monitoring device;
• Return to and remain at their residence at specified times.

What if the orders are not complied with?

Although section 810 of the Criminal Code does not in itself create a criminal offence, failing to comply with the conditions of a peace bond is a criminal offence.

Under section 811 of the Criminal Code, anyone who breaches the conditions of a peace bond is guilty of:

• Either an indictable offence punishable by imprisonment for 4 years;
• Or a summary conviction offence punishable by a maximum of 18 months’ imprisonment.

Informants and defendants can contact us

Are you experiencing intimidation, threats or harassment? Has someone applied for a peace bond against you and do you want to defend yourself? Contact our lawyers in Québec City and Lévis now.

Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.