Refusing to Sign a Peace Bond in Ontario

Your Right to Refuse a Peace Bond

A peace bond under section 810 of the Criminal Code is a voluntary agreement. The defendant must consent to enter into it. No court in Ontario can force you to accept a peace bond as a resolution to criminal charges — you always have the right to refuse and proceed to trial.

This right exists because a peace bond, while not a criminal conviction, imposes real restrictions on your liberty for up to 12 months: no-contact orders, weapons prohibitions, curfews, reporting requirements, and other conditions that affect your daily life. The law does not compel anyone to accept those restrictions voluntarily.

That said, the right to refuse is not without consequences. Understanding those consequences is essential to making the right decision.

What Happens When You Refuse

When the Crown offers a peace bond as a resolution to criminal charges and the defendant refuses, the typical sequence is:

1. The charges remain. A peace bond is offered in exchange for the Crown withdrawing the criminal charges. If the defendant refuses, the charges are not withdrawn and the matter proceeds.
2. The Crown decides whether to proceed to trial. In most cases, the Crown will set the matter for trial. The Crown has already assessed the case and offered a peace bond because it considers the case prosecutable — otherwise, it would have withdrawn the charges outright.
3. A trial date is scheduled. The matter is set for trial, where the Crown must prove the charges beyond a reasonable doubt. Depending on the courthouse and the complexity of the case, the trial may be months away.
4. The defendant faces the full range of outcomes. At trial, the defendant may be acquitted — in which case there are no consequences at all. Or the defendant may be convicted, in which case they face the full penalties for the offence, including a criminal record, possible jail, and other consequences that the peace bond would have avoided.

The core trade-off is clear: a peace bond is a guaranteed non-criminal outcome with conditions for 12 months. Refusing and going to trial offers the possibility of a complete acquittal — but also the risk of a criminal conviction.

When Refusing Makes Strategic Sense

Refusing a peace bond is not reckless — in the right circumstances, it is the strategically correct decision. Situations where refusal may be appropriate include:

• The evidence against you is weak. If the Crown’s case depends on a single complainant with credibility issues, lacks corroborating evidence, or has significant gaps, the probability of acquittal at trial may be high enough to justify the risk.
• You have a strong legal defence. Charter violations, self-defence, or consent may provide a complete defence at trial. A peace bond would require you to give up the chance to be fully vindicated.
• The peace bond conditions are unacceptable. If the proposed conditions — a strict no-contact order, a curfew, a weapons prohibition — would significantly disrupt your employment, your relationship with your children, or your daily life for 12 months, the cost of compliance may outweigh the benefit of a non-criminal resolution.
• Professional or immigration consequences. While a peace bond is not a conviction, some professional regulatory bodies and immigration authorities treat peace bonds as a relevant factor. In some cases, a complete acquittal may be necessary to protect your professional standing or immigration status.
• You are factually innocent. Some defendants are unwilling to accept any resolution that implies wrongdoing, even one that does not involve a guilty plea. While a peace bond is not an admission of guilt, the defendant must acknowledge that the informant has reasonable grounds for fear — which some defendants find unacceptable on principle.

When Accepting a Peace Bond Is the Better Choice

In many cases, accepting a peace bond is the pragmatic and strategically sound decision. This is particularly true when:

• The evidence is strong. If the Crown has a strong case — multiple witnesses, physical evidence, surveillance footage, or a credible complainant — the risk of conviction at trial may be substantial. A peace bond eliminates that risk.
• The potential consequences of conviction are severe. For charges like domestic assault, a conviction carries a criminal record, possible jail, immigration consequences, and employment implications. A peace bond avoids all of these.
• The conditions are manageable. If the peace bond conditions — no contact with the complainant, keeping the peace — are consistent with how you already intend to live for the next 12 months, the restrictions impose little practical burden.
• The matter needs to end. Criminal charges create stress, disruption, and uncertainty. A peace bond resolves the matter immediately and allows you to move forward without the cloud of pending charges.

Most criminal defence lawyers will recommend accepting a peace bond when the alternative is a realistic risk of conviction on a charge that carries significantly worse consequences.

What Happens at a Peace Bond Hearing

There are two contexts in which a peace bond hearing occurs. Understanding the difference is important.

Peace Bond as a Resolution to Charges

In most cases, a peace bond is offered by the Crown as part of a negotiated resolution. The Crown agrees to withdraw the criminal charges in exchange for the defendant entering into a peace bond. This is handled in court by way of a brief proceeding:

1. The Crown reads a summary of the allegations into the record.
2. The defendant confirms that they understand the conditions and consent to the peace bond.
3. The court orders the peace bond, typically for 12 months.
4. The Crown withdraws the criminal charges.

This process takes minutes. There is no trial, no cross-examination, and no finding of guilt.

Contested Peace Bond Hearing (Section 810)

A contested hearing occurs when the defendant does not consent to the peace bond. The informant (who may be the complainant or the Crown) must prove on a balance of probabilities that they have reasonable grounds to fear that the defendant will cause personal injury, damage property, or commit certain offences.

At a contested hearing:

• The informant presents evidence — typically their own testimony and any supporting documents or witnesses.
• The defendant can cross-examine the informant’s witnesses.
• The defendant can call their own evidence.
• Both sides make submissions.
• The court decides whether the fear is reasonable on a balance of probabilities.

If the court finds the fear is reasonable, it orders the defendant to enter into the peace bond. If the defendant refuses to comply with the court order, they can be committed to custody for up to 12 months under section 810(3) of the Criminal Code.

If the court finds the fear is not reasonable, the application is dismissed. No peace bond is imposed and no consequences follow for the defendant.

The Difference Between Refusing a Resolution and Contesting a Hearing

These are two different situations, and the consequences are different:

The first scenario is entirely risk-free in the sense that no immediate penalty follows the refusal itself — the risk is in the trial that follows. The second scenario carries an immediate penalty: the court can commit you to custody for refusing to comply with its order.

Negotiating Before Deciding

Before making the decision to accept or refuse a peace bond, your lawyer should negotiate the conditions. Common points of negotiation include:

• Narrowing no-contact conditions to allow communication through a lawyer for child access or property matters.
• Removing curfew conditions that conflict with employment obligations.
• Limiting geographic restrictions to specific addresses rather than broad areas.
• Shortening the duration from 12 months to a shorter period, where the circumstances support it.

Sometimes, the difference between an acceptable peace bond and an unacceptable one comes down to a single condition. Skilled negotiation can make the difference.

Making the Right Decision

The decision to accept or refuse a peace bond is one of the most consequential choices in a criminal case. It requires a thorough review of the Crown’s disclosure, a realistic assessment of the evidence, and an honest evaluation of your risk tolerance and personal circumstances.

If you have been offered a peace bond in Ontario and are unsure whether to accept it, contact RH Criminal Defence. We will review the evidence, explain your options, and help you make the decision that is right for your case.