Where Injury or Damage is Feared: Peace Bonds as Counter-Law?

Guided by Ericson’s counter-law analytic, the focus of this thesis is how peace bonds erode traditional principles of criminal law to govern risk and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace Bonds, proscribed under s. 810 of the Criminal Code of Canada, permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. Drawing on publicly available literature, the leading peace bond case law, the Lori DuPont Inquest, and official Practice Memoranda, this thesis conducted a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful under s. 810 can result in the expansion of the state’s capacity to criminalize and administer surveillance through police and community notification and supervision.