Understanding the fundamental differences between civil and criminal law is essential when navigating legal matters within the Canadian Judiciary system. These two areas of law serve different functions, follow distinct procedures, and lead to varied outcomes for those involved. Whether you’re initiating a legal claim, defending against one, or simply seeking to enhance your legal awareness, recognizing how civil and criminal law diverge is key to making informed decisions. This blog breaks down the core distinctions, using practical examples and clear explanations to help you better understand Canada’s legal system, courtesy of our Halifax injury law team!

What is Criminal Law? 

Criminal law addresses actions considered harmful to society or the state, and such offences are brought forth and prosecuted by the government. Common examples of criminal offences include assault, theft, impaired driving, fraud, and robbery. In Canada, criminal laws are enacted federally and are uniform across the country. They are primarily set out in the Criminal Code, which outlines the conduct deemed illegal and the penalties associated with it. Offences are categorized into three main types: summary offences (less serious crimes with lighter penalties), indictable offences (more serious crimes with harsher consequences), and hybrid offences, which can be prosecuted as either summary or indictable depending on the circumstances of the case. 

What is Civil Law?

Civil law serves as the legal framework for resolving disputes between individuals, organizations, or other private parties. It encompasses a wide range of issues, including contract disagreements, property disputes, personal injury claims, defamation cases, and family law matters. Unlike criminal law, which is enacted federally, civil law falls primarily under provincial jurisdiction in Canada, meaning the specific rules and procedures can vary from one province to another. An example of this is Quebec’s Civil Code, which is quite distinct from other provinces. Additionally, civil actions need to be initiated by a private individual or entity known as the plaintiff, whereas in criminal matters, it is the government—represented by the Crown—that brings the charges against the accused.

The Objectives of Criminal and Civil Law

Civil and criminal law serve fundamentally different purposes. Criminal law aims to punish and deter conduct that harms society. It seeks to maintain public order and safety through penalties that reflect the severity of the offense. While on the contrary, civil law seeks to compensate individuals for losses or enforce private rights. Its goal is to resolve private disputes and restore affected parties to their original position.

Outcomes and Penalties

Criminal law can lead to serious consequences such as imprisonment, fines, probation, or a permanent criminal record. These penalties are designed not only to punish offenders but also to deter future misconduct and protect public safety. In contrast, civil law focuses on resolving disputes between citizens by awarding remedies like financial compensation or court orders compelling specific actions, such as honoring a contract or ceasing harmful behavior.

Burden and Standard of Proof

The standard of proof varies notably between civil and criminal law. In criminal cases, the prosecution is required to establish the defendant’s guilt “beyond a reasonable doubt,” a stringent standard intended to safeguard the accused’s rights. In contrast, civil cases rely on the “balance of probabilities,” meaning the plaintiff must demonstrate that their version of events is more likely to be true than not. This difference in standards reflects the differing consequences in each area of law—since criminal penalties are more severe, a higher degree of certainty is required to ensure a just outcome.

Intersection of Civil and Criminal Law

Civil and criminal law can intersect when a single incident leads to both criminal charges and civil litigation. For instance, someone accused of assault might be prosecuted by the state in a criminal court, while also being sued by the victim in a civil court for damages. These proceedings are independent of one another, and because they operate under different standards of proof—“beyond a reasonable doubt” in criminal law versus “a balance of probabilities” in civil law—it’s entirely possible for a person to be acquitted of criminal charges yet still be found liable in a civil case for the same actions.

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The legal system can be complex and overwhelming, but you don’t have to navigate it alone. If you need legal advice or representation in Nova Scotia or anywhere in Atlantic Canada, our experienced lawyers are here to help. With their expertise, you can pursue the best possible outcome for your case. Contact us today to discuss your legal matter—we’re here to support you.