A peace bond can be ordered by a judge for certain charges where criminal prosecution is not considered the best way forward, under section 810 of the Criminal Code. This means that:
- Any existing charge will typically be withdrawn.
- You won’t face the long-term impact of a criminal record.
- You’ll need to keep the peace and be of good behaviour for up to 12 months.
A peace bond is not guaranteed. The process can involve lengthy negotiations with the Crown, a task best handled by an experienced criminal defence lawyer fighting for your best interests.
Our team will seek the best possible outcome to prevent the severe consequences of a criminal conviction and record.
Is a peace bond a realistic outcome in your case? 3 questions to ask:
- Has someone accused you of threatening to cause them harm? A peace bond is typically pursued when a complainant (or the police) believes there’s a genuine basis for concern.
- Are you willing to agree to specific conditions without entering a guilty plea? Peace bonds don’t require you to admit wrongdoing, only to accept court-ordered conditions (such as no contact or weapons prohibitions) for a set period.
- Is this a relatively isolated incident rather than part of an established pattern of charges? Peace bonds are more common in cases without a lengthy or escalating history, since repeat conduct may push the Crown toward prosecution instead.
A peace bond may be a realistic outcome if you answer “yes” to all three questions. Regardless, speak with a lawyer about resolving your case without criminal charges.
Contact us for a free, no-obligation consultation.
What is a peace bond, and how does it work?
A peace bond is a court order stating that a person must keep the peace and follow some rules, usually for up to a year.
Peace bonds are meant to stop crime before it happens. They can be issued if:
- The court agrees that someone has a good reason to believe that they, their family, their pets, or their property, may be harmed, and
- The accused is willing to accept conditions without admitting guilt.
Most commonly in Calgary, we see peace bonds issued in domestic violence cases, when the subject of the threatening behaviour doesn’t want the accused charged; they simply want the conduct to stop.
The conditions applied to peace bonds are negotiable. One of the biggest mistakes people make is agreeing to overly broad conditions just to resolve things quickly, restricting them for up to 12 months. A Strategic Criminal Defence lawyer can help negotiate these terms.
How is a peace bond initiated?
A peace bond can be initiated in two ways in Calgary:
1. Through the criminal charge process (police/Crown-initiated):
- Someone reports a fear of harm to the police.
- The police investigate and draft a peace bond if there are reasonable grounds for the person’s fear.
- The police swear the Information before the court.
- The court signs the peace bond.
2. Direct application by the person who is afraid (no police or charges required):
- A person applies directly to a court for a peace bond against another individual (with or without a lawyer’s help).
- A hearing is scheduled before a justice, who decides whether a peace bond is appropriate, based on the evidence available.
In both cases, the court must be satisfied that the fear is reasonable before anything is ordered. The judge weighs factors like:
- The nature of the threats made.
- Past violent behaviour.
- The relationship between the parties.
Accused individuals have the opportunity to tell their side of the story at the court hearing. If you’ve been accused of threatening behaviour, a Strategic Criminal Defence lawyer can:
- Protect your legal rights.
- Ensure you don’t say anything that could be used against you in court.
- Discuss your case early on with the police and/or Crown Prosecutor.
- Work to limit the consequences for your future with a pre-trial resolution.
- Discuss a peace bond, if appropriate.
- Explain any other legal options available.
- Represent you at court hearings.
What rules must you follow with a peace bond?
If the judge issues a peace bond, you must follow all conditions listed in the order for up to 12 months. These often include:
| CONDITION TYPE | WHAT IT TYPICALLY REQUIRES |
|---|---|
| Keep the peace & be of good behaviour | The baseline requirement is that you must not be charged with any additional criminal offences during the bond's term. |
| No-contact | No direct or indirect contact with the complainant or another named person, even through social media. |
| Geographic restrictions | You must keep a certain distance away from a specific address or location, such as the complainant's home, workplace, or school. |
| Weapons prohibition | You must not possess firearms, ammunition, or explosive substances. |
| Substance restrictions | You must not use or possess alcohol or drugs, particularly where substance use was a factor in the alleged offence. |
| Counselling or treatment | You must attend assessment, counselling, and/or treatment programs, such as anger management, partner assault response, or substance abuse programming. |
| Reporting requirements | You must report to a probation officer or, in some cases, to police at specified intervals. |
| Cash surety (optional) | The court may also require a sum of money to be pledged or deposited, which can be forfeited if a condition is breached. |
The conditions are based on the specific circumstances of the case, not fixed by statute. Many peace bonds include only a selection of the above rules, and your Strategic Criminal Defence lawyer will help:
- Negotiate for the least restrictive conditions possible.
- Explain every condition you must follow, and the consequences of breaching the rules.
What happens if you breach the rules of your peace bond?
You don’t have to admit to a crime when you sign a peace bond, but breaking the terms of a peace bond is a crime.
Violating any condition, even texting someone who initiates contact (if you are subject to a no-contact order), can lead to arrest and charge for breach of recognizance (Section 811 of the Criminal Code).
Someone arrested for breaching a peace bond may face new, stricter release conditions while that breach charge is pending. including a possible curfew and location-tracking.
A conviction for breaching the conditions of your peace bond can result in:
- Imprisonment for up to 4 years (if prosecuted by indictment).
- A criminal record, with potentially lifelong consequences.
Your Strategic Criminal Defence lawyer will ensure you understand the conditions and help you take the steps necessary to follow the rules and avoid such consequences.
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Our lawyers know how to handle the Calgary court system, including navigating the complicated details of peace bonds.
We will explore all avenues to prevent charges from seriously impacting your life, including a peace bond, if appropriate.
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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
- Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
- Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
- Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
- Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
- Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
- Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
- Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
- Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
- Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410







