In Manitoba, applying for a Peace Bond under section 810 of the Criminal Code is completely free. There are no court filing fees, whether you seek help through your local police or apply directly at the Provincial Court.
Feeling unsafe in your own community due to threats, harassment, or a history of domestic violence is deeply traumatic. 😔 Fortunately, residents of Manitoba have legal options to protect themselves, including applying for a Peace Bond under section 810 of the Criminal Code of Canada. A Peace Bond is a specific court order requiring an individual to keep the peace and be of good behaviour. Many victims worry about the financial burden of the justice system, but you do not need deep pockets to secure your safety. The process is designed to be accessible to everyone.
Step-by-Step Process for a Peace Bond in Manitoba
Whether you live in Winnipeg, Portage la Prairie, or Thompson, obtaining a Peace Bond generally involves working with local authorities. 👮♀️ It is important to document the behaviour that makes you fear for your safety or the safety of your property.
Step 1: Contact the Local Police
The easiest and most common way to get a Peace Bond is to report your fears to the local police or RCMP. If they investigate and believe you have reasonable grounds to fear the person, the police can lay an information to start the Peace Bond process on your behalf.
Step 2: Apply Directly at the Provincial Court
If the police decline to lay criminal charges or start the process, you have the right to apply privately. 🏰 You can go directly to the Provincial Court of Manitoba and schedule an appointment with a Judicial Justice of the Peace. You will explain under oath why you need the bond.
Step 3: The Summons and Court Hearing
If the Justice of the Peace agrees there are grounds, they will issue a summons for the other person (the defendant) to appear in court. At the hearing, the defendant can agree to sign the Peace Bond. If they refuse, a full hearing will take place where both sides present evidence.
Step 4: Signing the Peace Bond
Once ordered, the defendant must sign the document agreeing to the conditions, which often include “no contact” rules and staying away from your home or workplace. ✍️ This may temporarily alter their parenting time if children are involved.
How Much Does it Cost in Manitoba?
The most important thing to know is that seeking protection from the court is completely free.
- Court Filing Fees: $0 CAD. There is no cost to file an application for a Peace Bond in the Provincial Court.
- Police Assistance: $0 CAD. Police and Crown attorneys handle the prosecution at no charge to you.
- Hiring a Lawyer: If you choose to hire a private lawyer or law firm to assist you with a private application, fees can range from $1,500 to $3,500 CAD, but this is entirely optional.
| Service | Typical Cost in CAD |
|---|---|
| Police Investigation & Filing | $0 (Free) |
| Applying via Justice of the Peace | $0 (Free) |
| Private Law Firm Representation | $1,500 – $3,500+ (Optional) |
How Long Does the Process Take?
Unlike emergency Protection Orders, a Peace Bond is not immediate. 📅 If you apply through the Provincial Court, it can take several weeks or even months to get a hearing date, depending on the court’s backlog. Once signed, a Peace Bond is typically valid for up to 12 months in Canada.
Frequently Asked Questions (FAQ)
What happens if the defendant breaches the Peace Bond?
Breaching the conditions of a Peace Bond is a serious criminal offence. The police can arrest the individual, and they may be charged with a summary conviction or an indictable offence, which can lead to jail time.
What is the difference between a Peace Bond and a Protection Order?
A Protection Order is granted urgently (often within 24 hours) under provincial law specifically for domestic violence or stalking. A Peace Bond falls under the federal Criminal Code, takes longer to get, and can apply to anyone you fear, not just an intimate partner.
Do I need to prove they physically harmed me?
No. You only need to prove that you have a “reasonable fear” that the person will harm you, your spouse, your children, or damage your property.
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