A Peace Bond issued under Section 810 of the Criminal Code of Canada generally lasts for up to one year in Nova Scotia. While obtaining the order is free, breaching its strict conditions is a serious criminal offence that can lead to immediate arrest and imprisonment.
Living in fear of someone hurting you, your family, or damaging your property is an incredibly stressful and traumatizing experience. In Nova Scotia, one of the most common legal tools used to protect individuals from harassment or violence is a Peace Bond. Understanding how this legal mechanism works and how long it protects you is vital for securing your peace of mind.
Many people mistakenly believe a Peace Bond is a permanent restraining order. ⚠ In reality, it is a temporary, preventative measure designed to de-escalate a dangerous situation. It requires the defendant to “keep the peace and be of good behaviour” for a specific timeframe. Navigating the Provincial Court system to secure this protection requires patience, as it involves federal criminal law.
Step-by-Step Process in Nova Scotia
Whether you live in Halifax, Dartmouth, or a rural community serviced by the RCMP, a Peace Bond is a federal order that applies across the entire country. Here is how the process generally unfolds in the province.
Step 1: Reporting the Fear to Police
The first step is usually to contact your local law enforcement, such as the Halifax Regional Police or your local RCMP detachment. You must explain why you have a “reasonable fear” that the person will cause personal injury to you, your spouse, or your child, or that they will damage your property. 📷 Bring any evidence you have, such as threatening text messages, emails, or witness statements.
Step 2: Laying the Information
If the police agree that your fear is justified, they will “lay an information” before a Justice of the Peace. This is a formal, sworn document stating the reasons for your fear. If the police decline to do this (perhaps because they feel there is not enough evidence of an imminent threat), you can personally go to the Provincial Court, such as the one on Spring Garden Road in Halifax, and ask a Justice of the Peace to lay a private information.
Step 3: The Summons and Court Appearance
Once the information is sworn, the court will issue a summons ordering the defendant to appear in court. At this initial appearance, the defendant will be asked if they agree to sign the Peace Bond. If they consent, the judge will issue the order immediately, and the matter is resolved.
Step 4: The Show Cause Hearing
If the defendant refuses to sign the document, a “show cause” hearing will be scheduled. This is effectively a mini-trial where you (or the Crown prosecutor) must present evidence to convince the judge that your fear is reasonable. If the judge is satisfied, they will legally order the defendant to sign the Peace Bond, regardless of whether the defendant agrees.
How Much Does it Cost in Nova Scotia?
Protecting yourself from harm should not put you in debt. Here is a breakdown of the costs involved in Canadian dollars:
- Court Filing Fees: Applying for a Section 810 Peace Bond is completely free. There are no filing fees to swear an information.
- Police Assistance: Having the police or the Crown prosecutor handle the application on your behalf costs nothing.
- Hiring a Private Lawyer: If you choose to hire a local criminal or family lawyer to represent you at a contested show cause hearing, expect to pay between $1,500 and $3,500 CAD.
- Penalties for Breaching: If the defendant breaches the order, they may forfeit a pledged amount of money (usually $500 to $1,000 CAD) to the court, and face criminal charges.
How Long Does the Process Take?
Because a Peace Bond is not an emergency order, the timeline can be frustratingly slow depending on court backlogs.
| Stage of Process | Typical Timeline | Important Details |
|---|---|---|
| Swearing the Information | 1 to 3 days | Depends on police availability and gathering your evidence. |
| First Court Appearance | 3 to 6 weeks | The time it takes to serve the defendant with a summons. |
| Show Cause Hearing | 3 to 6 months | Only required if the defendant refuses to sign voluntarily. |
| Duration of the Bond | Up to 12 months | The maximum legal duration under the Criminal Code. |
Frequently Asked Questions (FAQ)
Can a Peace Bond be renewed after one year?
No. A Peace Bond simply expires after the stated timeframe (usually one year). If you still fear for your safety after it expires, you must begin the entire process again and prove a new, current reason for your fear.
Does signing a Peace Bond give someone a criminal record?
No. Consenting to a Peace Bond is not an admission of guilt, and it does not result in a criminal conviction. However, if the person breaches the conditions of the bond, they will be charged with a criminal offence.
What happens if the defendant contacts me?
If the bond includes a “no-contact” condition and the defendant reaches out via phone, text, or social media, you should immediately report the breach to the police. The defendant can be arrested for breaching a court order.
Can I contact the defendant if I have a Peace Bond against them?
It is highly unadvisable. While the order restricts their behaviour, contacting them can be seen as “inviting a breach.” If you willingly associate with them, a judge may decide the bond is no longer necessary and cancel it.
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