Date of Award
Sociology and Anthropology
Lippert, Randy (Sociology and Anthropology)
CC BY-NC-ND 4.0
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.
Chase, Brandon, "Where Injury or Damage is Feared: Peace Bonds as Counter-Law?" (2012). Electronic Theses and Dissertations. 50.