Breach of common law peace bond leads to forfeiture and not to conviction for "disobeying a court order," contrary to s. 127(1) of the Criminal Code

R. v. Mousseau 2011 ONCJ 222 rules:

1            D.A. FAIRGRIEVE J.:— The question of law that arises in this motion to quash a charge of "disobeying a court order," contrary to s. 127(1) of the Criminal Code of Canada, is whether the offence created by that provision has any application to an allegation that a person violated a condition of a so-called "common law peace bond." 

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35     I accept the defence submission, then, both that an order to enter into a peace bond constitutes "an order for the payment of money," and that once the person bound over by a judge has acknowledged the bond or recognizance in accordance with the order that was made, it cannot be said that the person "disobeyed" it, within the meaning of s. 127. I agree with the position taken by Cadsby J. in Squires, supra, that it is not a crime to breach a condition of a common law peace bond. Rather, it is a regrettable event that opens the door to forfeiture proceedings.

Disposition

36     With the greatest respect for those who hold a contrary view, and notwithstanding the undeniable appeal of a simpler, more straightforward means of enforcing the conditions of a common law peace bond, I am satisfied that s. 127(1) of the Criminal Code has no application in such circumstances. The charge must accordingly be quashed.