When someone is injured or wronged, they want justice against the at-fault party. In Canada, the justice system consists of two systems of law: Criminal and civil. These systems serve different purposes, follow different procedures, and have different outcomes. This blog post explains the differences between the criminal and civil systems. Understanding whether a matter is criminal, civil, or both is important in determining your legal rights.
What Is A Criminal Case?
The Criminal System
The criminal law system aims to protect the public and maintain order by punishing illegal behaviour. The Criminal Code of Canada defines most criminal offences and principles of criminal procedure in Canada.
If a crime has been committed, the first step is to report the criminal complaint to the police. The police will then investigate the crime and provide the information from their investigation to the lawyers, called prosecutors, who work for the Crown.
An individual usually can not bring a criminal charge. The Crown decides whether charges will be pursued and directs how the charges are pursued. The victim or survivor of the crime is usually a witness in the case, but they are not a party to the case and do not get to direct how the case proceeds.
In a criminal case, the accused faces potential penalties such as jail time, fines, probation or community service, or a criminal record. The standard of proof in a criminal case is beyond a reasonable doubt, a very high standard of proof.
What Is A Civil Case?
The Civil System
The civil law system manages claims between private individuals, companies, or organizations. The system aims to resolve disputes, to allocate loss fairly, and to provide compensation for wrongs. Civil procedure is governed by the Rules of Court. Canada’s civil system is common-law-based and works on precedent. This means claims are decided by looking at what Courts in the same jurisdiction have decided on similar claims in the past.
In a civil claim, the person bringing the case is called the plaintiff, and the person being sued is the defendant. Anyone can bring a claim to have their case resolved. Some examples of civil cases include: Personal injury claims for motor vehicle accidents, slip and falls, or medical negligence; contract disputes; property or business disputes; or employment matters. In a civil case, the plaintiff has some control over how the claim proceeds. The plaintiff’s lawyer will regularly seek instructions from the plaintiff on how the plaintiff wants their case to move forward.
In most civil cases, the remedy is financial compensation, though it can also include injunctions or other court orders. The standard of proof in a civil case is on a balance of probabilities, and the burden of proof is on the plaintiff. This means that the plaintiff must prove that the elements of their case are ‘more likely than not’, or ’51 percent likely’.
Can A Situation Lead To Both A Civil And A Criminal Case?
Some events can result in a criminal and a civil case. For example, if a drunk driver causes a collision, the Crown may lay criminal charges for impaired driving, while the injured victim may make a civil claim seeking compensation for their injuries and losses.
Where there is both a civil and a criminal case, the cases will be run as two separate proceedings in the two separate systems. If you are the victim of a crime and you wish to pursue a civil case as well, it is important to consult a civil lawyer to understand your rights under the civil system.
Because the standard of proof differs between the two systems, even if the Crown decides not to pursue charges or if the accused is acquitted, it does not mean that a civil case will not be successful. This is because the standard of proof is lower for the civil system than for the criminal system. Conversely, if an accused is found guilty, the criminal decision may be used in the civil claim and may make the case stronger.
Criminal Vs. Civil Case
Why Understanding The Difference Matters
Knowing the distinction between criminal and civil cases helps you understand your rights and options after an accident or injury.
If you have been hurt because of someone else’s actions, consider what you are seeking as a remedy. If you are looking for the perpetrator to be punished, or you are worried they might commit another crime, you should contact the police. If you are looking for compensation for your losses flowing from your injuries, then you should consult a personal injury lawyer.
If you plan to bring a civil claim, it is important to contact a personal injury lawyer as soon as possible. A personal injury lawyer can: Review your case and explain your legal options; gather evidence to prove negligence; handle negotiations with insurance companies; and represent you in a civil trial if necessary. Your lawyer will also explain any limitation periods that can affect your right to make a claim.
Talk To A Personal Injury Lawyer At Melanson Law Today
If you or someone you love has been injured due to another person’s negligence, the Melanson Law team is here to help. We can give you detailed information about the civil system, guide you through the civil claims process, and ensure you receive fair compensation.
Facing legal challenges? Reach out to Melanson Law today for a free consultation and let us help you get the support and compensation you deserve.
