R. v. N.T.

(Calgary, P.C. - Intimate Partner Violence/Assault). NT was charged with assaulting an intimate partner while the two of them were together in a motor vehicle. NT was driving the vehicle and was of the view that the complainant committed an assault that required an appropriate self defence response. Self defence is a justification for assault as long as the defensive action is not more than was reasonable in the circumstances. There are many factors to assessing whether self defence will apply, including the level and type of force being used to necessitate a defensive response. In cases of alleged intimate partner violence, the law enforcement mandate is to separate the parties and when reasonable grounds exist, to lay a charge(s).  

NT's situation was similar to other domestic incidents, where the complainant/domestic partner did not support the prosecution's case. What is important to understand is that the Prosecutor ultimately decides whether a case whether a criminal proceeding will continue, not the alleged victim/complainant. Many people think that an alleged victim can decide not to pursue charges -- this is incorrect. While an alleged victim certainly has a voice in the system, Prosecutor's review the evidence, prospect of conviction and public interest, and as such, might press a prosecution in opposition to a complainant's wishes. 

Though prosecutor's can certainly press a case, many are also pragmatic. They understand that the likelihood of successfully prosecuting a case in the absence of support from witnesses may be difficult or even impossible. Also, the public interest might be diminished in these circumstances. For these reasons, prosecutor's are equipped with other tools outside of pursuing a criminal conviction.  Peace bond is one such tool.

A peace bond can be ordered if the Crown has reasonable ground to believe that there could be a future breach of the peace (common law peace bond) or if the complainant has a reasonable fear for his or her safety (s. 811 Peace Bond).  In light of the all of the circumstances, including reasonable defences available to NT observed from a review of disclosure, the Prosecutor agreed to withdraw the criminal charges in exchange for a peace bond. This outcome guaranteed NT criminal record avoidance and saved NT costly trial fees.

The best and most experienced criminal defence lawyers in Alberta will often recommend resolving domestic violence cases by way of a peace bond. The reason is that while peace bond requires the accused to follow some conditions for a relatively short period of time, it avoids a criminal record entry and saves legal fees. It is important to remember, that even if you have a terrific defence, that defence must still be accepted by a trial judge. Criminal law is a human system and as a human process, even its best players can have a bad day.