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You may have heard of a Peace Bond, But Do Not Understand what that is

 

Peace Bonds are typically issued in circumstances involving charges within a domestic context, as outlined under section 810 of the Criminal Code of Canada. But what does this entail? Let us begin by examining Section 810 in detail.

Section 810 (1) states that an information may be laid before a justice by or on behalf of any individual who has reasonable grounds to fear that another individual:

  • (a) may cause personal injury to them, their intimate partner, or their child, or may damage their property; or
  • (b) may commit an offence under section 162.1.

In such cases, an individual may obtain a Peace Bond against the defendant through the Court. The Court is authorized to impose specific conditions aimed at mitigating the risk of harm to the individual, their spouse or common-law partner, their child, or their property.

Following the issuance of a Peace Bond by the Court, what conditions might the defendant be required to adhere to in order to comply with its terms?

The defendant may consent to or be ordered by the Court to comply with the following conditions:

  • Maintain peace and demonstrate good behaviour;
  • Refrain from contacting the individual, their spouse, or their child;
  • Avoid visiting the individual, their spouse, or their child;
  • Abstain from making phone calls to the individual;
  • Refrain from sending written correspondence, including letters or text messages;
  • Abstain from consuming non-prescription drugs or alcohol, and agree to provide bodily samples as required to ensure compliance;
  • Surrender possession of weapons and refrain from acquiring them;
  • Pay, or pledge to pay, a refundable surety (cash bond) to the Court, which may be forfeited in the event of non-compliance with any conditions of the Peace Bond; or
  • Comply with any additional conditions the Court deems necessary to prevent harm.

FAQ

 

 Navigating Canadian law can be complex, so we've provided answers to common questions for clarity. Canada's legal system operates federally and provincially, with laws varying by jurisdiction. Federal laws cover areas like criminal law, immigration, and trade, while provincial laws address property, education, and healthcare. Common topics include labour laws (e.g., minimum wage, workplace rights), taxation, and real estate regulations. Most provinces use common law, while Quebec follows civil law. For specific advice, consult a qualified legal professional to ensure compliance and protect your rights under the law.

 

Steps to Take when Arrested

The police will place you under arrest and provide an explanation for the reasons and specific charges associated with your detention.

Upon being taken to the police station, your constitutional rights, as outlined under Section 10(b), will be formally presented to you.

You will be asked if you wish to consult with legal counsel. If you are unable to afford a lawyer, you will be provided with access to Legal Aid services. The toll-free Legal Aid contact number is 1-866-845-3425, as per Section 11(b) of the Constitution.

STEP 1. That you will ensure your presence at all required court appearances;


Step 2. That you will uphold public safety and protection;


Step 3. That granting bail will not undermine public confidence in the administration of justice.

Following the arrest, you will be brought before a Justice of the Peace for a bail hearing.

At the bail hearing, it becomes your responsibility as the detained individual to satisfy the Justice of the Peace on the following points:

If Denied Bail

If bail is denied, you have the right to file an appeal before a sitting judge for a bail review. If bail is granted, you are required to attend your first court appearance. At this stage, the formal charges brought against you by the Crown will be read.

During your initial court appearance, you must enter a plea to the charges (either guilty or not guilty). Additionally, the Crown Prosecutor will elect the classification of the charges as either Indictable or Summary offences. For hybrid offences, the Crown may request an adjournment to properly assess the evidence and determine the appropriate classification.

Your court appearance will then be adjourned to a later date to allow you sufficient time to retain legal counsel or legal representation and to obtain the Crown’s disclosure of evidence.

During subsequent proceedings, negotiations between the defense and the Crown will take place. At this stage, efforts will be made to either have the charges reduced or withdrawn entirely. If negotiations are unsuccessful, the matter will proceed to trial.

In the event of a trial, the specific process will depend on the nature of the charges. Some cases may necessitate a pre-trial conference, while others may proceed directly to trial. As the defendant, you have the choice of being tried before a judge alone or before a judge and jury

Pleadings and Outcomes

1. Guilty: You are found guilty by either the judge or the jury, and a sentencing date will be scheduled.
2. Not Guilty: You are acquitted of the charges. In such cases, the court cannot retry you for the same offence, as the Crown has failed to establish guilt beyond a reasonable doubt.
3. Mistrial (Hung Jury): A mistrial occurs when the jury cannot reach a unanimous decision. In such instances, the Crown may choose to retry the case.

For further details, please refer to the official website: albertacourts.ca/pc/areas-of-law/criminal/charged-with-a-crime

 

What types of legal services do you offer?

We offer a range of legal services, including legal drafting and litigation support and court appearance.

What sets Triple A Legal Services apart from other law firms?

Triple A Legal Services provides tailored support, cost-effective solutions, and expert guidance through a personalized approach.

How much do you charge?

Legal fees are contingent upon the intricacy of the case and the client's financial capacity. Rates span from $150 per hour to a fixed sum for minor infractions like traffic violations.

Is there a Retainer Agreement?

Triple A Legal Services mandates a conflict of interest check and retainer agreement detailing the scope of work and cost breakdown for all services, except for the Commissioning of Affidavits and/or Statutory Declarations.

How can I book a Consultation?

To initiate the scheduling of a consultation, we invite you to complete the contact form located at the bottom of this page or reach out to us directly via email. We are eager to assist you and look forward to facilitating a discussion regarding your needs and concerns. Your engagement is important to us, and we encourage you to take this step toward obtaining the guidance you seek.

Do you do any Divorce or Separation?

Divorce and Separation cases fall under the King's Bench Court's jurisdiction. Our firm cannot represent clients in these matters.

Do you provide any Will and Estate?

Wills and Estates fall under Federal Legistation and we cannot provide services in that area of Law

Are Paralegals Regulated?

Yes, paralegals are regulated in Canada, but rules vary by province. In Ontario, the Law Society of Ontario (LSO) oversees paralegals. They must meet education requirements, obtain licensing, and follow professional standards to ensure competence and ethics. Other provinces may regulate paralegals less strictly, impacting the services they can offer. Before hiring a paralegal, check your province's regulations to ensure they are properly qualified.

Paralegal Education

 

Paralegal education in Canada provides essential training for delivering legal support and services with professionalism. A paralegal career typically requires completing a specialized program at an accredited institution. These programs cover key areas like legal research, civil litigation, criminal law, and advocacy, often including internships or co-op placements to prepare graduates for the legal field.

In Ontario, paralegals are regulated by the Law Society of Ontario (LSO). To become licensed, candidates must complete an accredited program, pass the LSO's Paralegal Licensing Examination, and meet strict professional and ethical standards. These ensure licensed paralegals can handle matters like small claims disputes, landlord-tenant issues, and traffic infractions. Other provinces may have varying regulations, with some requiring less formal education and oversight.

Due to differing provincial regulations, it is crucial for aspiring paralegals or those seeking their services to understand the specific standards in their area. This ensures paralegals are qualified and compliant with provincial rules.

What law and section Authorizes Paralegals to represent clients

In Canada, paralegals can represent clients in certain criminal matters under section 802.1 of the Criminal Code of Canada. They may handle summary conviction offences with maximum penalties of six months' imprisonment. Paralegal authority differs by province, as regulation is provincially governed. For instance, in Ontario, licensed paralegals regulated by the Law Society of Ontario are authorized for such cases. Individuals should review their province's specific regulations to ensure compliance.

We at Triple A Legal Sevices have a special authorization to represent in Summary Criminal Convictions.

Contact us






Triple A Legal Services

(825)436-2304

contact@triplealegalservices.ca

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Mon - Fri: 9am - 5pm
Saturday: 1pm - 5pm
Sunday: Closed