{"id":19014,"date":"2017-10-11T13:11:18","date_gmt":"2017-10-11T17:11:18","guid":{"rendered":"https:\/\/www.verreaudufresneavocats.com\/?p=19014"},"modified":"2026-05-08T14:03:29","modified_gmt":"2026-05-08T18:03:29","slug":"peace-bond-harassment","status":"publish","type":"post","link":"https:\/\/www.verreaudufresneavocats.com\/en\/publications\/criminal-penal-law\/peace-bond-harassment\/","title":{"rendered":"Peace Bonds: A Remedy Against Harassment"},"content":{"rendered":"

Recognizance to keep the peace, \u201cno-contact order\u201d, section 810 of the Criminal Code<\/em>, peace bond\u2026 let\u2019s put things in order so you can find your way.<\/strong><\/p>\n

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<\/em> may be a solution to consider, and our lawyers in Qu\u00e9bec City and L\u00e9vis can help you<\/a>.<\/p>\n

What is a peace bond?<\/strong><\/h3>\n

Commonly called a \u201crecognizance to keep the peace\u201d, or wrongly called a \u201cno-contact order\u201d by some, it is a court order<\/strong> that requires a person to comply, for a maximum of 12 months<\/strong>, with certain restrictive conditions<\/strong> to do or stop doing something.<\/p>\n

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<\/strong> and does not result in a criminal record for the person against whom it is made (the \u201cdefendant\u201d).<\/p>\n

Who can apply for one?<\/strong><\/h3>\n

Under section 810 of the Criminal <\/em>Code<\/em>, a peace bond can be requested by a person<\/strong> called the \u201cinformant\u201d. The word \u201cperson\u201d refers to any individual. Based on one interpretation of section 2 of the Criminal Code<\/em>, this term would also allow an organization, a business, a trade union, a municipality or an association to seek a peace bond.<\/p>\n

How do you proceed?<\/strong><\/h3>\n

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.<\/p>\n

    \n
  1. Go to the local police station to make a sworn statement before a police officer and obtain an incident number;<\/li>\n
  2. Go to the court office of the courthouse or Municipal Court of the judicial district<\/a> where they live, with the original of their sworn statement, to fill out a form called an \u201cinformation\u201d, which must be completed and filed at the same place;<\/li>\n
  3. Meet on site with a city or Crown lawyer who will determine whether the proceeding is justified;<\/li>\n
  4. If the lawyer decides that it is appropriate, they will send everything to a judge;<\/li>\n
  5. The judge then sets an appearance date for the defendant and gives the informant a document called a \u201csummons\u201d, which tells the defendant to appear before the court on a specific date;<\/li>\n
  6. Have the summons served on the defendant by a bailiff;<\/li>\n
  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;<\/li>\n
  8. The defendant will be present to state whether they intend to sign the peace bond or contest the merits of the information;<\/li>\n
  9. If the defendant contests the merits of the information, the judge then sets a trial date to rule on the peace bond;<\/li>\n
  10. Attend the trial;<\/li>\n
  11. Once the parties have been heard, the judge will make a decision;<\/li>\n
  12. If the judge grants the application for a peace bond, conditions will be imposed on the defendant.<\/li>\n<\/ol>\n

    What evidence is required?<\/strong><\/h3>\n

    Any informant who wants to obtain a peace bond must prove to the court:<\/p>\n

      \n
    1. That on the day of the hearing;<\/li>\n
    2. They honestly fear a serious, real and imminent danger;<\/li>\n
    3. That the defendant will:\n