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Phrase of the Week - Peace Bond

Peace Bond

Peace Bond

Nova Scotia

A motion for a peace bond is not a criminal charge, and the judge's decision is not a conviction. Rather, the peace bond is an undertaking to satisfy stated conditions during the term of the recognizance ...

Doncaster v. Field |

2013 CarswellNS 990 (N.S. C.A.) at para. 13 |

Fichaud J.A. 

Yukon Territory

Peace bonds are an “ancient power” enabling courts to carry out a judicial role as “conservators of the peace” (see R.C. Hunter, Common Law Peace Bonds: The Powers of the Justice of the Peace to Administer Preventive Justice (1978), 1 C.R. (3d) 70; R. v. Budreo [(1996), 45 C.R. (4th) 133 (Ont. Gen. Div.)], at para. 18). This ancient power harkens back to a time when the justice system invested as many or more resources in keeping and making peace than in doling out punishment. The contemporary version of this ancient power exists both in statute and common law. In both cases, the issuance of a peace bond does not involve the laying of a criminal charge, nor does it generate a criminal record. A peace bond is focused on prevention, not punishment ... a peace bond bears more similarity to civil proceedings than to criminal proceedings R. v. Bilida (1999), [2000] A.J. No. 20 (Alta. Q.B.), at para. 2).

Haydock v. Baker |

2001 CarswellYukon 40 (Y.T. Terr. Ct.) at para. 9 |

Stuart C.J.

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