Ghomeshi’s peace bond: Good behaviour in exchange for dropped charges

Former CBC radio host Jian Ghomeshi will appear in court Wednesday where the remaining sexual assault charge against him will be withdrawn, according to a number of sources.

In exchange, Ghomeshi will have to sign a peace bond.

For the exiled former host of CBC’s Q program, it represents the end to a year and a half of legal proceedings, barring any civil suits launched by one of the complainants. On March 24, Ghomeshi was found not guilty on four counts of sexual assault and one of choking.

A peace bond is an order that requires a person to maintain the peace and be on good behaviour for a specified amount of time. It’s often used in cases of spousal abuse or domestic violence cases, and includes provisions that require the plaintiff to stay away from the complainant.

Related stories:

Ghomeshi’s sex assault charge to be withdrawn in favour of peace bond: source

N.S. sex assault centre tries crowdfunding after post-Ghomeshi surge in business

Crown says there’s ‘no legal basis’ to appeal Ghomeshi acquittals

It’s likely that the order for Ghomeshi will include he not contact the complainant, who is also a former CBC employee. A peace bond is usually set for a term of 12 months.

It’s a court order, so it does not include any finding of guilt, and that’s an important factor for lawyer Marie Henein. It will be clearly stated on the record that Ghomeshi is not admitting that he did anything wrong, and no conviction will be registered if he agrees to the bond.

“It’s not a finding of guilt, it’s not a criminal record,” says criminal lawyer Maija Martin. “What it is, is essentially a promise to follow these kinds of conditions and the accused person would have to admit that there was some fear for the complainant’s safety. But it’s not an admission of guilt.”

Normally, peace bonds are issued within six months of the alleged incident, but Henein likely is willing to waive the time limit in exchange for not having to go to court.

Should Ghomeshi break any of the provisions within the bond, the repercussions could include a fine or jail time. If the charges are withdrawn in exchange for the bond, the original charges can never be brought back, even if the terms of the bond are violated.

“I think it’s a real victory for Mr. Ghomeshi,” Martin says. “He’s coming out of this with no criminal record.”

(To view video on mobile, click here)