DISCHARGES, PEACE BONDS AND STAYS OF PROCEEDINGS

These outcomes are often described as “non-conviction” resolutions, but they arise through different legal processes and can carry different practical consequences. The distinction matters when assessing employment, professional regulation, immigration, travel and police-record issues.

ABSOLUTE AND CONDITIONAL DISCHARGES

Under section 730 of the Criminal Code, a court may grant a discharge after a guilty plea or finding of guilt where the statutory requirements are met. The person is deemed not to have been convicted, subject to the exceptions in the section.

Absolute discharge: the court imposes no probationary conditions.
Conditional discharge: the person must comply with a probation order. A later breach or conviction can have consequences, including the possibility described in subsection 730(4).

A discharge is therefore not an acquittal: there has been a finding of guilt. Record-retention and disclosure rules depend on the type of check, elapsed time and applicable federal or provincial legislation.

PEACE BONDS

A peace bond is a preventative recognizance, not a criminal conviction. The most common statutory form is made under section 810 of the Criminal Code. Conditions commonly include keeping the peace, reporting requirements, non-communication or geographic restrictions. A breach may itself result in a criminal charge.

A peace bond may resolve a prosecution when the charge is withdrawn, but it should not be accepted automatically. The terms may affect employment, licensing, family proceedings, travel, firearms and police-record checks. The evidence, available defences and collateral consequences should be assessed before agreeing.

STAYS OF PROCEEDINGS

A Crown stay under section 579 of the Criminal Code stops the prosecution. The proceeding may be recommenced within the applicable statutory period; if it is not recommenced, the proceeding is deemed never to have been commenced.

A judicial stay is a different remedy. A court may stay proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms where continuing the prosecution would produce an abuse of process or another sufficiently serious Charter breach and no lesser remedy would adequately address it.

THE PRACTICAL QUESTION

The label alone does not determine whether a resolution is appropriate. Counsel should consider:

whether guilt has been admitted or found;
whether conditions or probation will apply;
the likelihood and consequences of breach;
police-record, professional and employment disclosure;
immigration and travel consequences; and
whether proceeding to trial may offer a materially better result.