A Peace Bond under Section 810 of the Criminal Code is a court order requiring you to “keep the peace and be of good behaviour.” Signing one is not an admission of guilt and does not result in a criminal conviction, but it will temporarily appear on a Vulnerable Sector Check.
When facing criminal charges in Calgary, particularly those involving domestic disputes or minor assaults, the thought of receiving a permanent criminal record is terrifying. 😨 Fortunately, the Alberta justice system provides alternative resolutions, one of the most common being a Peace Bond.
If the Crown Prosecutor offers you a peace bond, they are essentially offering to withdraw your criminal charges in exchange for your promise to follow strict rules for a set period. While this is generally an excellent outcome, it is vital to understand the restrictions it places on your life. This guide explains how Section 810 peace bonds work and why hiring a local lawyer is crucial to negotiate these terms.
Step-by-Step Process of Getting a Peace Bond in Alberta
Securing a peace bond is not automatic. It requires careful negotiation with the Crown. Whether your incident occurred downtown or in the suburbs of Calgary, the legal process generally follows these structured steps. 📝
Step 1: Negotiation with the Crown Prosecutor
Your defence lawyer will review the police disclosure from the Calgary Police Service. If the evidence is weak, or if the offence is minor (like a verbal threat or a neighborhood dispute), your lawyer will present mitigating factors to the Crown. 👤 They will formally request that the criminal charges be dropped in exchange for you agreeing to sign a Section 810 peace bond.
Step 2: Attending the Alberta Court of Justice
If the Crown agrees, you must attend a brief hearing at the Calgary Courts Centre. The judge will read the conditions of the peace bond aloud. By signing the document, you acknowledge that there are reasonable grounds for the other person to fear you, but you do not admit to committing any criminal offence.
Step 3: Abiding by the Strict Conditions
Once signed, the original criminal charges are officially withdrawn. You must now live under the specific conditions set by the court. 🚫 Standard conditions include “keeping the peace,” having absolutely no contact with the complainant, staying away from their home or workplace, and often a mandatory weapons prohibition.
How Much Does it Cost in Calgary?
There is no court fee to sign a peace bond in Alberta. However, the financial implications of the process relate mostly to securing legal representation and the severe penalties for breaching the order. 💰
- Lawyer Fees: To negotiate a peace bond and attend court on your behalf, a Calgary criminal defence law firm will typically charge a block fee ranging from $1,500 to $4,000 CAD.
- Financial Pledges: When you sign the bond, you may be required to pledge a specific amount of money (e.g., $500 CAD) with the court. You do not have to pay this upfront, but you owe it to the court if you break the rules.
- Breach Penalties: Breaching a peace bond is a brand-new criminal offence. If convicted of a breach, you can face hefty fines or even jail time, resulting in the permanent criminal record you initially avoided.
How Long Does the Process Take?
Negotiating the agreement with the Crown Prosecutor can take several months of court appearances. Once the peace bond is formalized in court, the order itself remains active for a maximum of 12 months. ⌚️
During this one-year period, the peace bond will appear on certain background checks, including Vulnerable Sector Checks. Once the 12 months expire, the peace bond automatically terminates, the conditions are lifted, and your record will be completely clear for all future standard employment checks.
| Feature | Section 810 Peace Bond | Criminal Conviction |
|---|---|---|
| Admission of Guilt | No. You only agree there is a fear of harm. | Yes. You plead guilty or are found guilty. |
| Criminal Record | No permanent record. | Yes. Requires a pardon later in life. |
| Employment Checks | Shows only on Vulnerable Sector temporarily. | Shows on all standard criminal checks. |
| US Travel | Generally does not prevent crossing the border. | Often requires a US Entry Waiver. |
Frequently Asked Questions (FAQ)
What happens if the other person contacts me first?
You must not respond. A peace bond is an order binding you, not the other person. If they text or call you, answering them is a breach of your conditions. You should document their attempt and report it to your lawyer or the police immediately.
Can a peace bond be removed early?
It is extremely difficult to have a peace bond canceled before the 12-month expiry. You would need to make a formal application to the court and provide compelling reasons, and the Crown Prosecutor would likely oppose the request.
Will my employer find out about the peace bond?
If your job requires a standard police information check, a peace bond usually does not show up. However, if you work in a hospital, school, or daycare and require a Vulnerable Sector Check, the active peace bond will be disclosed during that year.
Can I travel to the United States with a peace bond?
Because a peace bond is not a criminal conviction, it generally does not render you inadmissible to the US. However, US Customs and Border Protection officers have broad discretion and could ask about the underlying incident if they see the withdrawn charge in the system.
Is a Common Law peace bond the same as Section 810?
No. A Section 810 peace bond is statutory and specifically deals with a fear of injury or damage. A Common Law peace bond is less formal and gives a judge broader discretion. Your lawyer will know which option is most advantageous for your specific case.
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