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,...