No. A peace bond and a criminal conviction are different legal outcomes.
A peace bond is a court-ordered recognizance that requires a person to follow specified conditions, such as keeping the peace and being of good behaviour. A section 810 peace bond can be ordered where the legal requirements under the Criminal Code are met. It does not require the person to be convicted of the conduct that led to the peace bond application.
A criminal conviction is different. It generally follows a guilty plea or a finding of guilt where the court enters a conviction. A conviction can lead to sentencing and criminal-record consequences.
Peace Bond vs. Criminal Conviction: What Are the Main Differences?
The main difference is that a peace bond is not a criminal conviction. A peace bond imposes legally binding conditions, while a conviction follows a guilty plea or finding of guilt where a conviction is entered.
| Issue | Peace Bond | Criminal Conviction |
|---|---|---|
| Finding of guilt | Generally does not involve a finding of guilt for the underlying allegation | Results from a guilty plea or finding of guilt where a conviction is entered |
| Criminal conviction | The peace bond itself is not a criminal conviction | Yes |
| Conditions | May include good behaviour, no contact, non-attendance, or weapons restrictions | Conditions may form part of probation, prohibition orders, or other sentencing orders |
| Criminal record implications | Does not itself create a criminal record of conviction | A conviction can form part of a criminal record, subject to applicable law |
| Court consequences | The person must obey the recognizance while it remains in effect | The court imposes a sentence and any applicable orders |
| Breach consequences | Breach can result in a separate criminal charge | Breaching certain sentencing orders can also result in separate legal consequences |
| Duration | A standard section 810 peace bond can generally last up to 12 months | Depends on the sentence, offence, orders, and applicable record rules |
| Background checks | Disclosure depends on the type of check and applicable rules | Applicable convictions may be disclosed according to the type of check and governing law |
| Legal representation | A lawyer can review the proposed conditions and resolution | A lawyer can advise on defence, pleas, trial, sentencing, and consequences |
Ontario confirms that entering into a peace bond does not give the defendant a criminal record of conviction. However, that statement should not be interpreted to mean that all information connected with the matter automatically disappears from every court or police system.
Does a Peace Bond Show Up on a Background Check?
There is no single type of “background check” in Ontario.
The Police Record Checks Reform Act, 2015 establishes three main types of police record checks:
- criminal record check
- criminal record and judicial matters check
- vulnerable sector check
A criminal record check generally focuses on applicable convictions and certain youth findings. A criminal record and judicial matters check can contain additional information, including absolute and conditional discharges, outstanding charges, warrants, and certain judicial orders. A vulnerable sector check may permit further information in specific circumstances.
There are also exempted checks that may operate under different rules.
For that reason, it is more accurate to say that a peace bond does not itself create a criminal record of conviction, rather than saying that a peace bond can never appear in any screening process.
Can a Peace Bond Affect Employment, Travel or Firearms?
Potential consequences depend on the person’s circumstances and the wording of the peace bond.
For example, a weapons condition may directly restrict possession of firearms or other specified weapons while the peace bond remains in force.
Employment implications can depend on the job, regulatory requirements, and the type of screening requested. Some positions may require more extensive checks than others.
Travel is also fact-specific. A peace bond is not a criminal conviction, but entry decisions are controlled by the law and border authorities of the destination country.
A person with employment, licensing, immigration, firearms, or international travel concerns should raise those issues before agreeing to proposed conditions.
What Should You Consider Before Agreeing to a Peace Bond?
A peace bond may offer an appropriate resolution in some cases, but the conditions should be reviewed carefully before consent is given.
The most important questions are what restrictions will apply, how long they will last, and what will happen to any existing criminal charge.
What Happens If You Breach a Peace Bond?
A peace bond is legally enforceable.
Section 811 of the Criminal Code makes breaching a recognizance under sections 810 to 810.2 a separate criminal offence. It can be prosecuted by indictment or summary conviction.
This means someone who was never convicted of the original allegation could later face a criminal charge for allegedly breaching the peace bond.
The exact wording of each condition is therefore important.
For example, a no-contact condition may restrict direct communication and may also address indirect contact depending on its wording. A non-attendance condition may prevent the person from going to specified homes, workplaces, schools, or other locations.
The person should know exactly what conduct is prohibited before entering the recognizance.
What Happens When a Peace Bond Expires?
Once the enforceable period ends, the person is no longer bound by that expired recognizance.
For a standard section 810 peace bond, the period can generally be up to 12 months. Ontario also explains that another peace bond may be sought if reasonable grounds for fear continue.
Expiry does not turn the peace bond into a criminal conviction.
However, expiry should not be confused with deletion of every historical court or police record relating to the matter. Record retention and disclosure are separate issues governed by applicable rules and the circumstances of the case.
What Should You Review Before Consenting?
Before agreeing to a peace bond, consider:
- Why the peace bond is being proposed.
- What will happen to the outstanding criminal charge.
- Every condition included in the proposed recognizance.
- How long each condition will remain in effect.
- Whether no-contact or non-attendance terms affect work, housing, parenting, or family responsibilities.
- Whether there are weapons or firearms restrictions.
- Whether employment, professional licensing, immigration, travel, or record checks raise particular concerns.
- What behaviour could result in an alleged breach.
- Whether any condition needs clarification before the peace bond is entered.
A proposed peace bond should be considered as a complete legal arrangement rather than simply as a way to finish a court appearance.
How Can a Mississauga Criminal Defence Lawyer Help?
A Mississauga criminal defence lawyer can review both the criminal case and the proposed peace bond before an accused person decides how to proceed.
A lawyer may:
- review the criminal charges and disclosure
- assess the proposed peace bond resolution
- explain whether the resolution involves any admission of guilt
- review each proposed condition
- discuss possible changes to conditions where appropriate
- communicate with the Crown about a possible resolution
- clarify what is intended to happen to the outstanding charge
- explain possible record-check concerns
- advise about practical consequences of the conditions
- represent the accused in court
- provide advice if a breach is alleged
For someone facing charges in Mississauga or Peel Region, legal advice can help distinguish the immediate benefit of a proposed resolution from the restrictions that may continue after the criminal charge is dealt with.
A lawyer cannot guarantee that the Crown will agree to a peace bond or that criminal charges will be withdrawn. For more on possible resolutions, see how a lawyer can help avoid a criminal conviction.
Learn more about Inder Padda and his criminal defence practice in Mississauga.