By Anne-Marie Langan*
Suppose you are experiencing sexual harassment at work, and have reported it to management and police to no avail. In that case, a peace bond may be what you need to ensure the person harassing you will suffer legal consequences if they continue to do so. That being said, obtaining a peace bond is not quick or easy.
What is a Peace Bond?
A peace bond is a court order made by a Justice of the Peace which “any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct” of the person on which it is being imposed which could be a co-worker, customer or supervisor who is sexually harassing you [i].
What Conditions Can be Imposed?
The conditions imposed are based on the situation that led to the application and can include:
· keeping the peace and being of good behaviour;
· not contacting the person, their spouse, or child;
· not visiting the person, their spouse, or child;
· not calling the person on the phone;
· not writing letters or sending text messages;
· not posting about the person on social media;
· any other condition the Court considers desirable to prevent the harm[ii].
A peace bond is made based on a sworn statement made by the applicant under s.810 of the Criminal Code and is limited to 12 months in duration.
Who can apply for a Peace Bond?
You can apply for a s.810 peace bond if you “fear that another person will cause injury to you, your spouse or your child, or will damage your property, or if you reasonably fear that someone will publish, distribute or sell an intimate image of you without your consent”.[iv]
Injury in this context includes psychological harm as well as physical.
Where Do you go to Apply?
A peace bond application form can be obtained from your local courthouse. You can also obtain on online by going to: https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf and clicking on the “Peace Bond Application Form” link at the top of the page.
You can submit the application in person at the courthouse in the jurisdiction where the harassment took place. Here is a link to a website where you can find addresses and contact information for courts in Ontario: https://www.ontario.ca/locations/courts.
What Happens Next?
A Justice of the Peace (JOP) will review your application. If the JOP sees merit in the Application, they will send the matter to a hearing. A hearing notice will be issued by the court and needs to be served personally on the respondent(s). For your safety and for practical reasons I recommended that you hire a process server to be certain that the notice is properly served and who can provide an affidavit of service. The affidavit of service can be filed with the court.
Often on the first day the hearing is scheduled, you are placed on a criminal court list in a scheduling court. The purpose of that first appearance is to determine whether you are ready to proceed and, if so, to set the date for the hearing. The JOP may ask the Crown to assist if there is concern about the behaviour that gave rise to the application escalating.
What Evidence Should You Gather?
Examples of evidence you can present in support of your application could include:
-police incident reports that describe any incidents that are relevant to your application.
-statements (sworn if possible) from anyone who witnessed the incidents in question;
-medical records, counselling records confirming injuries caused by actions of defendants;
It can also be of assistance to the court to prepare a brief outline for them of the facts and evidence you intend to present. The evidence you should gather depends on the specific circumstances that form the basis for your application. You can seek legal advice about this from your local Community Legal Clinic.
On the Day of the Hearing
At the hearing, you will be asked to give oral testimony. The defendants will then be given a chance to ask you questions about your evidence. The defendants are also given a chance to give their evidence. Then you or the Crown will be given a chance to cross-examine them. At the end of the hearing, the parties can make submissions as to whether there was sufficient evidence to show that you have a reasonable basis to fear that the defendants will cause you personal injury, damage your property and/or share intimate images of you online. The decision is made on a “balance of probabilities” which means the JOP must determine whether it is more likely than not.
What happens if the Peace Bond is breached?
A Peace Bond should be enforceable by the police. If there is a breach in any of the conditions you should contact the police and report it. If the police officer you initially speak to doesn't take your call seriously consider reaching out to a community legal clinic or to Victim Services for support. We recommend that you keep a copy of the peace bond on your person at all times.
Where Can You Get More Information?
There is additional information available for you for free online regarding how to obtain a peace bond including:
Ottawa Victim Services “Peace Bond Process” https://ovs-svo.com/wp-content/uploads/2024/03/Peace-Bond-Brochure.pdf
Canadian Resource Center for Victims of Crime “Peace Bonds” https://crcvc.ca/docs/peacebonds.pdf
[i] Criminal Code (R.S.C., 1985, c. C-46) s.810(3.02).
[ii] Government of Canada, D. of J. (2021, July 7). Peace bonds fact sheet. Victims Right’s in Canada –. https://www.justice.gc.ca/eng/cj-jp/victims-victimes/factsheets-fiches/peace-paix.html
[iii] R. v. Siemens, 2012 ABPC 116 (CanLII), <https://canlii.ca/t/fr8d2>
[iv] Ontario Court of Justice. (n.d.). Guide for applying for a peace bond. Ontario Courts of Justice. https://www.ontariocourts.ca/ocj/files/guides/guide-peace-bond-EN.pdf at p.1.
[v] Western Law, C. L. S. (2023, August 3). Peace bond information package. Faculty of Law, Western University. https://law.uwo.ca/legal_clinics/community_legal_services/PDFs/Peace Bond Information Package for DRC - August 3, 2023.pdf
*Anne-Marie Langan B.A., B.S.W., LL.B., LL.M. is the project lead for the sexual violence projects at Peterborough Community Legal Centre, including the SHAPE project which provides legal advice and education for those experiencing sexual harassment in the workplace and the Your Way Forward project which provides support for those who have experienced intimate partner sexual violence. These projects are sponsored by the government of Canada's Justice Department and Legal Aid Ontario. She can be reached directly at anne-marie.langan@ptbo-nogo.clcj.ca.
Disclaimer: This post contains general legal information as of October 21, 2024, that may or may not apply in a particular situation. It is important to note that the law, government policies and available programs can change and this blog will not be updated to reflect these changes. It is highly recommended to seek legal advice from a lawyer about your particular situation.
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