Section 810 Peace Bonds

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Section 810 Peace Bonds

The ProcessThe 810 recognizance process begins with the swearing of the information, after which a summons for the Defendant/s is issued, and then the hearing itself (commonly referred to as a show cause hearing, as the Defendant is given an opportunity to show cause why the recognizance should not issue). Principles applicable to s. 810 applications English statute and common law conferred upon a justice of the peace a discretionary power to subject individuals to an order binding over an individual to keep the peace and to be of good conduct where the justice apprehended that these individuals would likely breach the peace.  In this one instance the English common law allowed a restraint on liberty of individuals where no offence had been proven.  This power was preventive rather than penal in nature; its purpose was to maintain order and preserve the peace.  Generally criminal law is penal in nature based upon proof of the offender having committed an offence.  Section 810 of the Criminal Code and its predecessor sections carry on the tradition of preventive justice.R. v. Soungie, 2003 ABPC 121 (CanLII), at para 5.Section 810 is preventive in nature protecting the applicant in appropriate circumstances from future harm to the applicant, the applicant's spouse, the applicant's common law partner, the applicant's children, or future damage to the applicant's property. In making an order under s. 810 the Judge is asked to restrain an individual because of likelihood of future harm.R. v. Soungie, at para 22.Laying the InformationTo lay an information, the applicant must swear that he or she has a fear that the defendant will cause personal injury to the applicant, the applicant’s spouse, the applicant’s common law partner, the applicant’s child, or damage

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