Civil and criminal law are separate entities within the Canadian legal system, each with its distinct sets of rules and punishments. In a criminal case, a person or group of people is charged with a crime under the Criminal Code and punished by the government, or “Crown,” if found guilty. In a civil case, two parties are involved in a private dispute and cannot come to a mutual agreement. One may be suing the other for debt repayment, contract defaults, personal damages or physical injuries. The difference between these two types of cases lies in their motives, time limits (for taking legal steps) and the kind of evidence required to convince the jury.
Here’s a look at how civil law differs from criminal law.
Criminal vs. Civil Law – A Comparison
Criminal cases differ from civil cases in a number of ways:
The Basics
Criminal law involves acts of intentional harm to others but which, in a larger sense, are offences against society as a whole. For example, it’s criminal to break into someone’s home, not only because the act violates the privacy and security of its occupants but also because it shatters our sense of safety in our own homes. Canada’s Criminal Code outlines hundreds of criminal acts – from vandalism to homicide – and specifies the range of penalties that the Court can levy. For an accused to be convicted of a crime, it must be proven that they had the requisite mental element for the offence. For example, striking or punching another person is an act of assault, but it’s a crime only when done deliberately.
Civil law deals with disputes between private parties over a legal matter, or negligent acts that may cause harm to others. This could involve a range of issues, such as business proprietorship, dealings and transactions, terms of employment contracts and personal injury. The person who filed the case is called the plaintiff, and the person being accused is called the defendant or respondent. The basic principle of civil suits is the same – A (plaintiff) accuses B (defendant) of causing damage to A or to a possession of A. Civil cases are usually very complex and go through many stages, known as pleadings, discovery, and trial.
Standards of Proof
In a criminal trial, the guilt or innocence of the accused must be established beyond a reasonable doubt. To convict someone of a crime, the prosecutor has to prove it with proper evidence. Judges and juries cannot convict someone on the basis of mere suspicion or assumption; they must be certain about it. This reduces the chances of an innocent person being wrongfully convicted and jailed.
For civil trials, the burden of proof is lower; generally based on the “preponderance of evidence” or “clear and convincing” standards. In other words, the plaintiff must convince the judge or jury that their version of events is more reliable than that of the defendant. It is not obligatory to convince the judge “beyond a reasonable doubt.”
Pre-Trial
In severe criminal cases, there’s a preliminary inquiry held in Provincial Court before the case goes to trial. The Crown will present all the evidence and the accused can cross-examine the Crown witnesses. There’s no need for the accused to present any evidence at this point in time.
In a civil case, both parties are entitled to an examination for discovery before the trial. Its objective is to explain the claim against the defendant and scrutinize the evidence that the other party intends to present in court. There could also be pre-trial conferences and mediation to settle the dispute or at least streamline the trial process.
Trial
In criminal cases, a trial may be conducted by a judge alone or by a judge and jury. In a jury trial, 12 jurors must come to a mutual decision – guilty or not guilty. Failing to make a decision is known as a hung jury and a fresh trial will take place.
In civil suits, a trial is usually conducted by a judge alone but the parties may ask for a jury. The jury consists of eight members and six out of eight must reach a common decision. The civil jury also recommends the amount of money to be paid to the plaintiff (in case the decision is in their favour).
Punishment
Another key difference between civil and criminal law is the type of penalty levied. If found guilty, the judge will sentence the plaintiff based on rules set out in the Criminal Code of Canada. The convicted may either have to go to jail, pay a fine or do community work, depending on the severity of their crime. The offender may also have to compensate the victim for damages.
In civil cases, the judgement often results in a fine, compensation or an order to change behaviour. When settled outside of the courtroom, civil suits involve a payment to the accuser in lieu of the case being dropped; the defendant admits to limited or no unlawful activity.
In spite of their differences, there’s one similarity between criminal and civil cases – you can appeal the decision made at one level of the court system at a higher level. If there’s no scope for appeal, consent (or “leave”) to appeal must be employed. The higher court will review the case and then affirm or reverse the original decision. It may also sometimes order a new trial.