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 for up to 12 months. When you agree to a Peace Bond at the Newmarket Courthouse (which serves Markham), the Crown typically withdraws your criminal charges, leaving you without a criminal record.
Not every criminal charge results in a trial or a criminal conviction. In many cases involving minor domestic disputes, neighbor conflicts in Markham, or utter threats, the Crown Attorney may offer an alternative resolution known as a Peace Bond. This is a highly favorable outcome for the accused because it provides a legal pathway to have the charges completely withdrawn, protecting your future employment prospects and ability to travel freely.
However, signing a Peace Bond is not a ‘get out of jail free’ card. It is a strict, legally binding court order authorized under Section 810 of the Criminal Code of Canada. If you violate the conditions outlined in the document, you will face brand-new criminal charges for the breach, which can result in jail time. Understanding what a Peace Bond is, the typical conditions involved, and the process of securing one is vital for anyone facing minor criminal charges in the York Region.
Step-by-Step Process for Securing a Peace Bond in Markham
The process of obtaining a Peace Bond is entirely a negotiation between your defence lawyer and the Crown Attorney. A judge must ultimately approve it at the courthouse.
Step 1: Crown Pre-Trial and Negotiation
The process begins when your criminal defence lawyer meets with the Crown Attorney during a Crown Pre-Trial (CPT). Your lawyer will argue that it is not in the public interest to prosecute your case to trial, perhaps due to a lack of evidence or because the incident was minor and out of character. If the Crown agrees, they will offer to resolve the matter with a Section 810 Peace Bond.
Step 2: Attend Court to Enter into the Bond
You must attend the Ontario Court of Justice in Newmarket, which is the main criminal courthouse for all Markham residents. During the hearing, you will stand before a judge or Justice of the Peace. The Crown will read a brief summary of the allegations. You will not plead guilty. Instead, you will simply acknowledge that the complainant had ‘reasonable grounds to fear’ for their safety or property. 🗂️
Step 3: Agree to the Strict Court Conditions
You will then agree to the conditions of the bond. The most standard condition is to ‘keep the peace and be of good behaviour.’ Other common conditions include having absolutely no contact directly or indirectly with the complainant, not visiting their home or workplace in Markham, and a mandatory weapons prohibition. You must follow these rules strictly for the entire duration of the bond.
Step 4: Charges are Withdrawn
The moment you sign the Peace Bond and the recognizance is registered with the court, the Crown Attorney will officially withdraw the original criminal charges against you. Because the charges are withdrawn, you will not receive a criminal conviction, and you maintain your clean record. However, the police will keep a record of the incident and the active bond on their local database.
How Much Does it Cost in Markham?
While entering into a Peace Bond resolves the criminal case, there are specific financial pledges and legal fees you need to be prepared for.
| Cost or Pledge Type | Estimated Value in CAD |
|---|---|
| The Recognizance Pledge | Usually $500 to $1,000 (No cash deposit is required upfront) |
| Breaching the Bond | If you break the rules, you owe the court the pledged amount (e.g., $500) |
| Lawyer Fees (Resolution) | Typically ranges from $1,500 to $3,500+ for a negotiated resolution |
| Court Administration Fees | $0 (There is no fee to sign the bond itself) |
How Long Does the Process Take?
Peace Bonds have very strict timelines, both for how long it takes to negotiate them and how long you are bound by them.
- Negotiation Phase: It often takes 2 to 4 months of court appearances and negotiations before the Crown formally offers a Peace Bond.
- Duration of the Bond: Under the Criminal Code, a Peace Bond can last for a maximum of 12 months from the day you sign it.
- Record Destruction: Once the bond expires, you may have to wait 5 to 12 months before you can formally request the York Regional Police to destroy your fingerprint and photograph records.
Frequently Asked Questions (FAQ)
Is a Peace Bond considered a criminal conviction?
No. Signing a Section 810 Peace Bond is explicitly not an admission of criminal guilt, and it does not result in a criminal record. It is simply an agreement to follow specific rules to keep the peace.
Will a Peace Bond show up on a background check?
While the bond is active (up to 12 months), it will appear on a Vulnerable Sector Check and most detailed criminal record checks. Once the bond expires, it generally will not appear on standard background checks, though local police retain internal records.
What happens if I accidentally text the person?
Any contact, even a simple text message or having a friend relay a message, is a direct violation of a ‘no contact’ condition. Breaching a Peace Bond is a separate criminal offence under the Criminal Code that can result in your immediate arrest and potential jail time.
Can a Peace Bond affect my travel to the United States?
Generally, because a Peace Bond is not a conviction, it should not prevent you from entering the United States. However, US Customs and Border Protection officers have broad discretion, and if they see an active police interaction on their database, they may ask you questions about the incident.
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