What is the difference between probation and a section 810 peace bond?
Short answer
A probation order follows a finding of guilt or a discharge: it is part of the sentence. A section 810 peace bond is a preventive measure, imposed without any finding of guilt. Both impose conditions, but only probation flows from a decision on guilt.
In detail
Probation comes after the court has ruled. It goes along with a conditional discharge, a suspended sentence or a term of imprisonment, and imposes conditions for a set period.
A section 810 peace bond sits upstream of that: it rests on a well-founded fear of harm to come, not on an act proven beyond a reasonable doubt. Its maximum length is twelve months.
The consequences of a failure to comply also differ. Failing to comply with a probation order falls under section 733.1 of the Criminal Code, with a maximum of four years' imprisonment on indictment. Failing to comply with a section 810 peace bond leads to a separate breach charge.
Finally, the trace left behind is not the same: probation flows from a decision on guilt and forms part of your court history, whereas a section 810 order is not a conviction.
What to document
Keep the written copy of the order, whichever kind it is, with the exact start and end dates and the full list of conditions. Note every appointment with your probation officer. If a condition requires you to do something (therapy, community work), keep the attestations.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Criminal Code, s. 733.1 (failure to comply with a probation order) — Justice Laws Website
- Criminal Code, s. 810 — Justice Laws Website
Related questions
- What is a discharge and does it give you a criminal record?
- How long does a discharge stay in the RCMP file?
- What is the difference between an absolute discharge and a conditional discharge?
- What shows up in my criminal record?
- How do I find out if I have a criminal record?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.