Differences between Common Law Peace Bonds and Section 810 Peace Bonds
[Recognizances issued under section 810 of the Criminal Code are informally and regularly referred to as peace bonds, particularly by non-jurists. For ease of reference, I will refer to them here as 810 peace bonds.] A peace bond can be obtained through an information sworn pursuant to s. 810 of the Criminal Code or relying on the common law to require a person to enter a common law peace bond without reference to s. 810 of the Criminal Code. Re: Regina v. Shaben et al. (1972), 1972 CanLII 358 (ON SC), 8 C.C.C. (2d) 422. The onus is on the applicant on the balance of probabilities. Mackenzie v. Martin 1954 CanLII 10 (SCC), [1954] S.C.R. 361 at 368. Once the application is made the accused can either seek to show cause why he or she should not enter the bond, enter the bond as proposed or not show cause but contest one or more of the suggested terms. The applicant must persuade the application judge that he or she fears ...