Sentences with phrase «peace bonds»

Information located can include convictions, discharges, pending charges, peace bonds and stays of proceedings.
It is difficult to know why Canadian authorities have not used the preventive arrest powers and have used peace bonds sparingly.
While Canada has not yet used preventive arrests and peace bonds for suspected terrorists, these legal instruments remind us that the criminal law, like immigration law, has preventive aspirations.
They can also face the additional sanctions of preventive arrest and peace bonds.
The Ontario Court of Appeal has upheld similar non-terrorism provisions from Charter challenge, stressing that peace bonds were included in the original 1892 Criminal Code and had their origins in a 1361 British statute.
Protection orders are made under the Family Law Act, but there are other protections for people facing family violence under criminal law — these are called Peace Bonds.
On the other hand, peace bonds have expanded their scope, resembling sanctions similar to that of probation following criminal conviction.
• Decision - making rights and capacity, including for women with dementia and mental health diagnoses • Substitute decision - makers and the abuse of decision - making authority • Protection orders and peace bonds • Options to assist older women who are facing abuse and can not take action to protect themselves
Below you will find an excerpt on civil forfeiture and peace bonds from the book as well as a trailer for the book and a video blawg...
Peace bonds are usually for one year, but sometimes they are shorter (e.g. six months.)
There are other legal options that a parent or guardian can apply for to help protect against abuse, such as emergency protection orders and peace bonds.
It is common practice for peace bonds to be used in some domestic violence courts in Alberta where the defendant has been charged with a domestic violence - related offence that is relatively minor and there is a low risk of reoffending, if he is willing to accept responsibility for the offence and undergo counselling (see e.g. Leslie Tutty and Jennifer Koshan, «Calgary's Specialized Domestic Violence Court: An Evaluation of a Unique Model» (2013) 50 Alberta Law Review 731 at 745).
Peace bonds are another form of no - contact order, available under section 810 of the Criminal Code in circumstances where the applicant fears on reasonable grounds that another person «will cause personal injury to him or her or to his or her spouse or common - law partner or child or will damage his or her property».
There are no specific provisions in the Criminal Code dealing with the impact on residential tenancies of peace bonds or bail / sentencing orders providing for no contact and / or no attendance at the family residence.
The main difference between the two types of peace bonds is that a s. 810 peace bond is limited by the provisions of the statute, whereas common law peace bonds are not.
CCLA is focusing on the new powers and crimes created by Bill C - 51 with specific attention to the broad and rash information sharing pursuant to the new Security of Canada Information Sharing Act, and amendments to the CSIS Act, and Criminal Code, which all affect powers of preventive arrest, longer pre-charge detentions, lowered thresholds for peace bonds, and increased powers of CSIS.
Also discusses restraining orders and peace bonds.
As such they are considered to be akin to «judicial restraining orders» and «peace bonds» are regularly resorted to by the Court, Crown and Defence as a mid-way ground or as part of plea negotiations where assaults, sexual assaults or domestic assaults are alleged and charged in the first instance.
This means courts have more discretion when issuing common law peace bonds.
If you're charged with a criminal offence, and need to know about the topic of peace bonds and criminal law in Vancouver we are pleased to present the following to help you immediately:
They are similar to peace bonds and restraining orders, but provide additional protections.
These relatively small shifts (addressing domestic violence release conditions and substituting peace bonds for guilty pleas) would have far reaching positive impact on individuals charged with domestic violence offences while dramatically easing the burden these charges create on our sagging criminal courts.
Most of the time these charges can be negotiated down to «peace bonds» at the very least.
In addition, he has also been able to successfully achieve discharges, peace bonds and complete charge withdrawals before trial for many of his clients.
Topics covered include Applying for an Emergency Protection Order; Peace Bonds; Preparing for Court and much more.
Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit
For example, a peace bond may set out that the Defendant is prohibited from contacting or going near the home of the complainant; or it may prohibit the Defendant from possessing any firearms, ammunition or explosives.
A peace bond is a court order requiring the Defendant to keep the peace and be of good behaviour for a specified period of time.
A peace bond is similar to a recognizance of bail, in that it sets out that a Defendant must follow certain conditions.
Section 811 of the Criminal Code clearly contemplates the consequences when a Section 810 peace bond is breached.
Additionally, the breach of a Section 810 peace bond may result in a criminal record.
Section 810 of the Criminal Code sets out that a peace bond may be ordered when an information is laid before a justice or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common - law partner or child or will damage his or her property.
Comparatively, a Section 810 peace bond is grounded in the statutory language of the Criminal Code.
However, a peace bond may show up on a criminal record check when it is active.
To be of good behaviour, a person can not be charged with a criminal offence while subject to a peace bond.
In Kitchener — charges of Dangerous Driving were dropped after client signed a Peace bond.
The Morland - Joneses pursued a civil lawsuit after shouts and «the finger» were exchanged between the parties, the police called on numerous occasions, and an attempt at peace bond restricting the Taerk's movements failed.
The RCMP officer, a potential witness, is only described as «Constable B.» Following the wife's testimony and during a break period, the Crown prosecutor and Johnson agreed that a peace bond was the best solution.
This involves sometimes negotiating for a peace bond, which is a promise to the court to abide by certain conditions that results in a complete withdrawal of the criminal charges.
The Peace Bond has a 12 month duration and can be customized to address issues specific to the individual but will most commonly prohibit contact with the complainant (except again with his / her prior written revocable consent) and will prohibit the accused from being in possession of any weapons.
If your abuser is charged with a criminal offence and you are frightened for your own safety, or the safety of your children or property, you may want to speak to the Crown Prosecutor about applying for a peace bond.
Based on the material provided by the defence, the Crown agreed to withdraw the charges if the client were to sign a common law peace bond.
A Restraining Order may be gotten much more quickly, however it costs more than a Peace Bond.
An agreement was reached to withdraw all charges and the client signed a six month common law peace bond.
The prosecuting Crown agreed to withdraw all charges in exchange for a peace bond.
During extensive pre-trial discussions with the Crown prosecutor, Joseph Neuberger was able to establish sufficient doubt regarding the credibility of the complainant's version of events, that the charges were withdrawn in favour of a section 810 peace bond.
Based on these and other important admissions, it was agreed that A.D. would sign a peace bond and all charges were withdrawn.
A violation of a peace bond is a criminal offence which results in a sentence, such as a fine or jail, and a criminal record.
Joseph Neuberger negotiated a withdrawal of all charges in exchange for the client signing a common law peace bond.
D.M. completed the program, signed the peace bond and the charge was withdrawn.
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