PEACE BONDS
 A person who believes, subjectively, that
another person will injure them, or another member of their family, or
cause damage to their property may apply for a recognizance or what is
sometimes called a “peace bond”. A
form, called an Information, setting
out the particulars and grounds for the belief must be completed and
sworn to before an officer of the court designated as a justice of the
peace. If the justice is satisfied of the merits of doing so, the
justice can issue a summons to be served upon the subject of the
application, i.e. the respondent, requiring the respondent to appear
before a judge of the court at a time that will be made known to both
the applicant and the respondent. If the matter is not resolved by
agreement on the first appearance in court, the matter will be set down
for a hearing in which both sides will be entitled to present evidence,
call witnesses and make submissions. The applicant must satisfy the
judge, on a balance of probabilities, not only of their subjectively
held fear, but that such fear, viewed objectively, is reasonably held. If the applicant is successful in meeting that onus the judge will order
the respondent to enter into a recognizance (“peace bond”) for up to 12
months upon such conditions as the judge might direct. Peace bonds are
preventative rather than punitive in nature but for failure or refusal
to sign a peace bond a person may be committed for up to 12 months
imprisonment for the failure or default. Accordingly, being ordered to
enter a peace bond is not a conviction for the purposes of
criminal records. A conviction for breach of a peace bond is however a criminal
conviction and can result in imprisonment.
A Peace Bond (Recognizance) is an Order
made under
Section 810 of the Criminal Code of Canada whereby a
Defendant is ordered to comply with specified conditions. These
conditions will depend upon the information and evidence given to the
Judge or Justice.
The Informant (person applying for a Peace Bond) and/or the Defendant
(person against whom the Peace Bond is being applied) may have a lawyer
present for these proceedings if they wish.
If the person you wish to have placed under a Bond is your married
spouse, you must apply to Unified Family Court, 21 Kings Bridge Road,
St. John’s, if you live within a twenty-five mile radius of St. John’s.
If the person you wish to have placed under a Bond is an adult and not
your married spouse, you must apply to Criminal Division, Provincial
Court, 4th Floor, Atlantic Place, St. John’s.
Applications for Peace Bonds for all other areas of the Province should
be made at the nearest Provincial Court Centre. (See
listings of Court Centres)
Obtain an Application form from the applicable court. There are two
types of Applications:
Application because you fear another
person may do you or your family some personal injury;
Application because you fear another
person may damage your property.
Complete the form and return it to the
Court. Include your name, address and telephone number on the
application. Also include the name, address and, if possible, the
telephone number and birth date of the person you are seeking to have
placed under Bond.
The Court will then advise you of the date this matter will be heard
before the Judge or Justice presiding. The Court will also issue a
summons to the person you are seeking to be placed under Bond to appear
in Court at that time.
 On the date set, the Informant MUST appear in the Courtroom before the
Judge or Justice presiding and present his/her case. Otherwise the
matter will be dismissed. If the Defendant fails to appear, a Warrant
will be issued for his/her arrest.
Should the Informant be successful in his/her application for a Bond and
the individual breaks that Bond, then that individual can be charged
with a criminal offence under Section 811 of the Criminal Code of
Canada. |
