The Difference Between Criminal and Civil Law in Canada

The Canadian legal system operates essentially within two streams: criminal law and civil law. Each has different aims, objectives, and modes of practice. For anyone who intends to pursue the Canadian legal system-either for redress of a wrong perpetrated against them or as a defendant-it is important to appreciate these differences

Criminal Law

Criminal law in Canada deals with those offenses which are considered against the entire society. The main focus of criminal law is to maintain public order and safety by deterrents and punishment for the acts committed in an illegal way. Theft, assault, fraud, and murder are some criminal offenses. A criminal case, instituted against anyone, is usually prosecuted by the government through the attorney for the Crown on behalf of society. Whereas civil law deals with disputes between individuals or organizations, criminal law seeks the guilt or innocence of an individual and is normally punishable by a fine, imprisonment, or probation.

Civil Law

The other way around, civil law involves private individuals or organizations. This more often than not encompasses disputes related to contracts, property, family-related issues, and claims to injury to one’s person. The chief aim of the civil law is to settle the dispute and restore the rights of the hurt party, often by way of compensation in money or specific performance. In contrast to criminal cases, the philosophy of civil cases is never punitive but rather reparative in nature. For instance, in the case of a breach of contract, civil law can be applied to enforce the contract or to pay damages to the injured party for his losses.

Representation

Neither criminal nor civil cases necessarily require representation by an attorney. However, more often than not, the presence or absence of representation in court dramatically affects the disposition of a case. The criminal attorney will help the defendant understand protection of rights, building a defense, and dealing with intricacies related to criminal law. Similarly, even in civil matters, the intervention of a criminal lawyer proves to be helpful when attorneys aid in gathering evidence, negotiating for settlement, and marshaling arguments before the court. Whatever the aspect that it deals with, the experience and knowledge of the law can be much easier to navigate through with the services of an attorney.

Burden of Proof

One of the most basic differences between criminal and civil law relates to the standard of proof applied in each type of case. In criminal law, the Crown must prove a person is guilty “beyond a reasonable doubt,” an extremely high standard. This is because the outcome of a criminal conviction, which might entail prison or even a simple criminal record, may prove severely debilitating insofar as being a consequence with very severe personal long term impact. On the other hand, civil law evidence is markedly less stringently tested – “The standards for proving proof. This lesser standard of proof protects against criminal convictions in any but the most clear-cut cases of guilt on the part of the accused.

Consequences of Litigation

The consequences of litigation also considerably vary in both criminal and civil cases. A guilty verdict in criminal cases may be given as a fine, probation, imprisonment, and even life imprisonment depending on the intensity of the crime. This could even leave a mark on a person’s record, which would jeopardize further opportunities of employment, traveling abroad or such other privileges. These usually come in the forms of monetary compensations awarded or orders of the courts to do something or to stop the commission of something. While civil judgments can certainly impose significant financial hardship, they also do not carry with them the same social stigma and do not have the same lasting impact as criminal convictions.

Application of Criminal and Civil Law

Sometimes a single action will give rise to both criminal and civil actions:. For example, a person who commits an assault may be subject to a criminal prosecution brought by the state, as well as to a civil action for damages filed by the victim. The result in one has no bearing whatsoever on the result in the other. A defendant acquitted of a crime may be liable in a related civil action, since the burden of proof is lower. This overlap underlines the complementary yet distinct roles of criminal and civil law in Canada.

The so-called criminal and civil areas of law are two basic Canadian law foundations with specific purposes and differing types of disputes. While criminal law had the purpose of protecting society and condemning the guilty, in civil law, it is the resolving of private disputes, allowing an avenue for remedy by individuals. The above difference is important to realize because, for any individual who might engage in legally-based proceedings that stake radically different processes and consequences, understanding the role of each can assist Canadians further in being aware of the legal rights they have.