A recognizance is a formal acknowledgment before a court in which a person pledges to comply with certain conditions and, in some cases, pledges a sum of money that will be forfeited if the conditions are breached. Recognizances are used in two main contexts: bail (judicial interim release) and peace bonds.
In the bail context, a recognizance is one of the forms of release available under section 515 of the Criminal Code. The accused enters into a recognizance — with or without a surety and with or without a cash deposit — and promises to attend court, obey specific conditions (such as a curfew or no-contact order), and keep the peace. If the accused fails to comply, the pledged amount may be forfeited and the accused may be charged with breaching a recognizance under section 145.
In the peace bond context under section 810, a recognizance is the mechanism by which the person agrees to conditions for a set period (usually 12 months). A recognizance differs from an undertaking in that it is entered before a justice and typically involves a pledge of money, whereas an undertaking is signed by the accused alone and does not involve a monetary pledge.