A peace bond is a court order issued under the Criminal Code of Canada, usually requiring a person accused of a minor crime to keep the peace, maintain good behaviour, and follow specific conditions for a set period. The order is generally issued due to a reasonable fear that the individual may cause harm to another person or the community.
The criminal justice system in Alberta often issues peace bonds to keep other people safe, while providing the accused with an opportunity to avoid the severe consequences of a criminal record.
But what happens after a peace bond expires? Will this be viewable on your record by employers and how will it affect future interactions with law enforcement?
Does a peace bond show up on your record?
The imposition of a peace bond does not mean that the accused is guilty of a crime or leave them with a criminal record. This is often a major concern for those saddled with a peace bond and seeking employment, educational opportunities, etc.
A peace bond can be issued with or without criminal charges and does not involve the accused admitting guilt. The most common scenario is issuing the order when the accused is charged with an offence, such as assault, uttering threats, harassment or mischief. The Crown may offer a peace bond as an alternative to prosecution.
Standard background checks
Because, on their own, peace bonds are not convictions and require no guilty plea, they do not appear on standard criminal record checks (“CPIC checks”) when active. However, peace bonds may appear on local police information checks, as police keep internal records, such as the original allegations against the individual, any conditions in place from the peace bond, etc.
A peace bond can sometimes appear, usually for a limited period, on an RCMP Vulnerable Sector Check if the individual applies for employment with vulnerable people. The police may disclose non-conviction records to protect such people after a risk assessment.
Note too that a peace bond can also be applied for without any criminal charge being filed. This happens when someone has a reasonable fear that an individual may cause harm and the police or the Crown proceed directly with a peace bond hearing.
How long does a peace bond last?
A peace bond usually lasts 12 months but may be longer in some cases. Individuals who sign a peace bond must follow the stipulated conditions precisely until the exact date/time of expiry specified on the court order.
The duration of a peace bond depends on the precise details of each case and the perceived level of danger that the subject poses to other individuals or the community.
What happens when a peace bond expires?
If the peace bond was entered to resolve a criminal charge, the charge is removed as soon as the peace bond is signed. Contrary to popular belief, charges do not usually stay open or “pending” until the peace bond expires.
When the peace bond expires and the accused has completed all conditions with no breaches, that is considered the end of the matter.
All legal conditions, restrictions, and obligations end immediately upon expiry. The requirements, for instance, to maintain a certain distance, abstain from substances, and refrain from possessing a licensed weapon, etc., are lifted. The subject is left with no criminal record, meaning that the details of the peace bond will not show up on standard criminal record checks.
However, records may still exist in police databases, as already mentioned. These records may be considered for future investigations against the individual, as well as bail hearings and risk assessments for vulnerable sectors. Disclosure of such records becomes less likely over time.
After a peace bond expires, individuals may be able to request the destruction of non-conviction records with the police department, depending on the circumstances.
What happens if the peace bond is breached before expiry?
An individual who breaches the peace bond before it expires can be charged with a new offence known as “breach of recognizance” or “failure to comply with an order”. This is a federal offence that applies across all provinces and territories, and is separate from the original withdrawn charge. The original charge cannot be revived.
Can a peace bond affect future legal matters?
Future interactions with law enforcement may be affected by the existence of an active or expired peace bond on your police records.
These records may be accessed and taken into account by police officers in future criminal investigations, family law or custody disputes, and applications for certain licences or immigration matters—but it usually depends on circumstances.
How is a peace bond different from a discharge?
Peace bonds and discharges are different ways to resolve criminal matters without resulting in convictions and criminal records in Canada.
An absolute discharge means the case ends immediately with no further conditions, while a conditional discharge means the person must complete probation conditions and, if successful, the discharge becomes absolute.
The main difference between a discharge and a peace bond is that a discharge requires a guilty plea, while a peace bond does not. So, the accused is found guilty with a discharge but no criminal record results if the terms of a (conditional) discharge are followed successfully.
Another key difference is that a discharge temporarily remains on the person’s RCMP record—one year for an absolute discharge and three years for a conditional discharge.
Call us to arrange a confidential consultation
Peace bonds do not create criminal records and their conditions end completely at expiry but it’s best to seek legal advice to understand your legal rights, options, and obligations before signing a peace bond and after it expires. There are potential consequences for the future.
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
