Guides / BC criminal process

What is a peace bond in BC, and is it better than a criminal charge?

A peace bond is a court order, not a conviction. You promise to keep the peace and follow set conditions for up to 12 months, and if you do, the matter ends with no criminal record from it.

Crown counsel in BC offer peace bonds on files where the evidence has a hole in it or the allegation sits at the low end: a shouting match that became an uttering threats charge, a fence-line fight between neighbours, an ex who kept texting after being told to stop. The Crown is weighing a trial it might lose against an order that protects the complainant tomorrow morning. You are weighing a record against a year of restrictions. Both sides are doing arithmetic.

How does a peace bond work?

The authority is section 810 of the Criminal Code. Anyone who fears on reasonable grounds that you will hurt them, their spouse or child, or damage their property can ask a provincial court judge for one. Most of the time it arrives another way: the Crown has already charged you, and offers to withdraw the charge if you sign a peace bond.

You do not plead guilty, and you do not admit the allegation. You consent to the order. In a Victoria courtroom at 850 Burdett Avenue, the Crown reads out the conditions, the judge asks whether you understand them and agree, you say yes, and the charge is dealt with. Ten minutes, sometimes less.

The Crown has to agree. The decision to offer one belongs to Crown counsel, not the judge and not you. A lawyer who asks early, before a trial date hardens, has a better chance of getting the offer, and Crown counsel will usually speak to the complainant before answering.

The conditions are the price. Expect an order to keep the peace and be of good behaviour, no contact with the complainant, and a ban on going near their home or workplace. The judge can add a weapons prohibition, counselling, or no alcohol, and may set an amount of money you owe only if you breach. The term is up to 12 months.

The conditions bite. Twelve months of no contact is a long time when the complainant is your neighbour or the other parent of your kids. If children are involved, the bond has to be written so it does not collide with a parenting order, or the first Saturday handover turns into a breach. Our guide to domestic assault charges and no-contact conditions covers that problem in more detail.

Is a peace bond better than a conviction?

Usually, yes. A conviction means a criminal record, a sentence, and often a weapons prohibition, probation or jail. A peace bond is none of those. You walk out with a year of rules and a clean record from this file.

A peace bond does not acquit you, and I will not pretend it does. If the Crown's case is weak and you want a trial, a trial may leave you in a better position. It may also leave you with a conviction. The question to ask is what a loss costs against what the bond costs. I lay out the offer, the risk of trial and the numbers, and the decision stays with you.

Police keep their own file on the allegation whatever the court does. Before you sign, ask what an employer's police check or a vulnerable sector check will show. The answer depends on the check, and you should hear it from me before you sign, not from a hiring manager after.

What happens if I breach a peace bond?

Breaking a peace bond is its own offence under section 811 of the Criminal Code, and police can arrest you for it. The Crown then needs two things: the order, and proof you broke it. Breaches are among the easier files for the Crown to prove.

The complainant cannot cancel the order. A text that says sorry, a reply to a message they sent first, a hello across the parking lot at Tillicum Centre: each can be a breach. Only a judge can change the terms, and a lawyer can apply to do it. If your life changes, call me before you change your behaviour.

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