A peace bond is a court order under Section 810 of the Criminal Code of Canada. In Winnipeg, you can apply for one at the Manitoba Provincial Court for free if you reasonably fear someone will harm you, your family, or your property. It typically remains in effect for up to 12 months.
Feeling unsafe in your own community is a deeply stressful experience. Whether you are dealing with a harassing neighbour, an abusive ex-partner, or someone making aggressive threats, Canadian law offers protective measures. One of the most common tools is a peace bond. Governed by Section 810 of the Criminal Code of Canada, a peace bond legally requires an individual to “keep the peace and be of good behaviour” toward you.
It is important to understand that a peace bond is not a criminal conviction for the defendant, but breaching its conditions is a serious criminal offence. 👮 The process is designed to prevent violence before it happens. If you live in Manitoba and need protection, or if you have been served with an application for a peace bond, this guide will walk you through how the system works in Winnipeg.
Step-by-Step Process in Winnipeg
Getting a peace bond involves formal interactions with the justice system. Whether you are visiting the Law Courts building in downtown Winnipeg or consulting with the Winnipeg Police Service, here are the general steps to secure this protective order.
Step 1: Contacting the Police or the Court
In urgent situations where you fear immediate physical injury, you should always call 911. 🚨 However, for ongoing harassment or threats, you can visit your local Winnipeg Police Service station to report the behaviour. Alternatively, you can go directly to the Manitoba Provincial Court to “swear an Information” before a Judicial Justice of the Peace, formally stating why you fear for your safety.
Step 2: The Summons and First Appearance
If the Justice of the Peace agrees that your fears are reasonable, they will issue a summons ordering the defendant to appear in court. At the first court appearance, the judge will ask the defendant if they are willing to sign the peace bond voluntarily. Many defendants agree to sign it simply to end the legal proceedings, as doing so does not result in a criminal record.
Step 3: A Formal Court Hearing
If the defendant refuses to sign the peace bond, a formal hearing (a trial) will be scheduled. 🖥 During this hearing, both sides will present evidence. You, as the applicant, must convince the judge that you have reasonable grounds to fear the defendant. A criminal defence lawyer can be highly beneficial during this stage to help you present your evidence clearly or to defend you if you are the one being accused.
Step 4: Imposing the Conditions
If the judge approves the peace bond, they will impose strict conditions. Common conditions include having absolutely no contact with you, staying a specific distance away from your home or workplace in Winnipeg, and a mandatory prohibition on possessing firearms or other weapons.
How Much Does it Cost in Winnipeg?
Applying for protection should never be a financial burden. 💰 Here is a breakdown of the costs associated with the peace bond process in Manitoba.
- Court Filing Fee: There is absolutely no cost ($0) to apply for a peace bond at the Manitoba Provincial Court.
- Police Services: The Winnipeg Police Service does not charge citizens to take a report or to serve the summons to the defendant.
- Lawyer Fees (Applicant): While you can represent yourself, hiring a lawyer for guidance generally costs $1,000 to $2,500 CAD.
- Lawyer Fees (Defendant): If someone has falsely applied for a peace bond against you, hiring a criminal defence lawyer to fight it in court will typically cost $1,500 to $3,500 CAD.
How Long Does the Process Take?
The timeline can vary depending on court availability in Winnipeg. 📅 After you swear the Information, the defendant’s first court appearance is usually scheduled within 2 to 4 weeks. If they refuse to sign and a hearing is required, it may take another 2 to 6 months for the trial to occur. Once signed, the peace bond itself is legally binding for up to 12 months.
Frequently Asked Questions (FAQ)
Is a peace bond the same as a restraining order?
No. A peace bond is issued under federal criminal law and applies everywhere in Canada. A protection order (often called a restraining order) is issued under provincial family law (The Domestic Violence and Stalking Act in Manitoba) and is typically used in family dispute situations.
Will signing a peace bond give me a criminal record?
No. Agreeing to sign a Section 810 peace bond is not an admission of guilt and does not create a criminal record. However, the record of the peace bond will appear on vulnerable sector background checks while it is active.
What happens if the defendant contacts me anyway?
Breaching the conditions of a peace bond is a very serious criminal offence. If they contact you, you should call the Winnipeg Police immediately. The defendant can be arrested, charged, and potentially face jail time.
Can a peace bond be renewed?
A peace bond cannot simply be renewed. It expires after 12 months. If you still fear for your safety after it expires, you must start the application process over again from the beginning.
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