Understanding Peace Bonds in Canada: Section 810 vs. Section 810.03 and Bill S-205 Updates

Bill S-205, which received Royal Assent on October 10, 2024, introduced significant amendments to the Criminal Code of Canada, including the addition of section 810.03. This new provision focuses on peace bonds in the context of domestic violence, now formally referred to as intimate partner violence (IPV). Section 810.03 officially came into force on April 8, 2025.

What Is a Peace Bond?

A peace bond is a court order that requires an individual to abide by specific conditions—such as keeping the peace and demonstrating good behaviour—for a designated period. Peace bonds can be issued:

• Under section 810 of the Criminal Code, following a sworn information.
• Under the common law, without direct reference to the Criminal Code.

Peace bonds are preventive, not punitive. They do not result in a criminal conviction or imply guilt. However, violating the conditions of a peace bond is a criminal offence and can result in charges.

Section 810 vs. Common Law Peace Bonds: Key Differences

Understanding the differences between a section 810 peace bond and a common law peace bond is essential:

• Basis: A section 810 bond requires sworn information, while a common law bond generally does not.
• Duration: Section 810 bonds are limited to 12 months; common law bonds have no fixed time limit.
• Grounds: Section 810 is based on a complainant’s reasonable fear of personal injury or property damage. Common law bonds require a reasonably apprehended breach of the peace, which is broader.
• Legal Implication: Neither type results in a criminal record, but non-compliance can lead to criminal charges.

What Is a Section 810.03 Peace Bond?

The newly introduced section 810.03 peace bond is tailored specifically for intimate partner violence (IPV) and threats involving children. This provision allows complainants, police officers, family members, or others to apply for a peace bond when there are reasonable grounds to fear a personal injury offence involving an intimate partner or child.

Crown Discretion and Trial Outcomes

In criminal cases involving IPV, the Crown prosecutor may choose from:

• A common law peace bond
• A section 810 peace bond
• A section 810.03 peace bond

Additionally, a judge may impose a peace bond even after an acquittal, if doing so is necessary to protect the complainant.

Section 810 vs. Section 810.03 Peace Bonds: Detailed Comparison

Scope

• Section 810.03 applies exclusively to situations involving personal safety threats and does not cover fears related solely to property damage.

Duration

• Section 810: Up to 12 months.
• Section 810.03: May be extended to 24 months if the defendant has a previous conviction for a violent offence involving an intimate partner or child (e.g., domestic assault).

Purpose and Focus

• Section 810.03 is designed to enhance safety for intimate partners and children, acknowledging the unique risks in IPV cases.

Conditions

• Courts can impose broad protective measures, including:
  • Mandatory treatment or counselling
  • Electronic monitoring devices

Variation of Conditions

• When a defendant requests changes to bond conditions, the court must consult the complainant or their family to evaluate any potential safety concerns.
• The Crown may also make submissions on their behalf.

Considerations for Indigenous Persons

• If either party is Indigenous, the judge must consider the use of Indigenous support services, ensuring culturally appropriate resources are available.

Refusal to Enter a Peace Bond

• Under section 810.03(5), refusal to enter into a peace bond can result in a jail term of up to 12 months.

Need Legal Advice About Peace Bonds in Western Canada?

If you’re concerned about intimate partner violence, facing a peace bond application, or simply need guidance on criminal law matters, our experienced legal team is here to help.