Bail Provisions Apply to Peace Bond Proceedings
A Criminal Code
peace bond is an instrument of preventative justice. Specifically, it is an order from a judge to
keep the peace, be of good behaviour and abide by certain conditions. A peace
bond may be ordered where the judge is satisfied on the evidence that an
informant has reasonable grounds to fear that the defendant will cause harm to
another person. [FN1]
The Criminal Code’s
judicial interim release (“JIR”) provisions, commonly referred to as the bail
provisions, are found in Part XVI of the Criminal Code: “Compelling Appearance
of Accused Before a Justice and Interim Release”.
The JIR provisions require
a judge to release an accused person pending trial without conditions unless
the Crown can demonstrate why some more restrictive measure is necessary (for
example, an order to abide by interim conditions, or pre-trial custody).
These JIR provisions
apply, with necessary modifications, to all Criminal Code peace bond
proceedings.
R, v. Penunsi, 2019 SCC 39, at para. 1.
Instead of reproducing
the JIR procedures of Part XVI in the peace bond provisions of the Criminal
Code, Parliament has chosen to apply the relevant provisions regarding
compelling attendance to the peace bond scheme via a series of incorporating
provisions: sections 810.2(8), 810(5), and 795. [FN2]
When applying Part XVI
to peace bond proceedings, any variation of “accused charged with an offence”
is to be substituted with an appropriate variation of “defendant named in a
peace bond Information”. [FN3]
One consequence of the JIR provisions applying to the peace bond scheme is that a judge or justice of the
peace has jurisdiction to subject a person to a show cause hearing when he or
she has been arrested in relation to a peace bond Information and brought
before the court.
R, v. Penunsi, 2019 SCC 39, at para. 86.
[FN1] In addition to the general
peace bond, based on fear of personal injury or damage to property (s. 810),
Parliament has since the early 1990’s added a number of specialized peace bonds
respecting: fear of a criminal organization offence, including intimidation of a
justice system participant or a journalist (s. 810.01); fear of a terrorism
offence (s. 810.011 and s. 83.3); fear
of an offence related to forced marriage or child marriage (s. 810.02); fear of
a sexual offence committed against a minor (s. 810.1); and fear of
serious personal injury (s. 810.2).
[FN2] Sections
810.2(8), 810(5), and 795 operate together to incorporate the provisions of
Part XVI (which houses, inter alia, the summons,
arrest, and JIR provisions) into Part XXVII (“Summary Convictions”) which
houses, inter alia, the peace bond
provisions.
[FN3] For other
necessary textual modifications to sections 507 and 515, see R. v. Penunsi, at para.
53.
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