The Canadian legal system defines the wrongdoings and misconduct individuals commit in two ways: civil and criminal. Crimes are offences against the state, and the state prosecutes them accordingly. However, what is the difference between civil and criminal law? If you need expert guidance on criminal law, contact Brampton’s trusted criminal lawyer for professional legal assistance.
In this post, you will find helpful information, including a criminal and civil law definition in Canada and the civil vs. criminal law differences everyone should know.
What Is Civil Law in Canada?
Although it may seem simple enough, many still wonder, “What is civil law in Canada?”
Civil law refers to cases between individuals and organizations or between two or more individuals. Breaches of civil law often involve cases that are disastrous to another person, their property, or their legal rights.
According to the civil law definition in Canada, the person starting the claim is the “claimant,” and the person responsible for the unlawful act is the “defendant.” If the defendant is guilty of the crime, the court addresses the appropriate compensation or damages fee.
The following are common examples of civil law:
● Breach of contract between an individual and an organization
● Employment law (discrimination or dismissal)
● Personal injury cases (medical negligence, road accidents, or workplace accidents)
● Divorce, family disputes, and child arrangements
What Is Criminal Law
The criminal law definition in Canada states that criminal law violations negatively affect society, rather than one organization or individual. When someone commits a criminal act, they will face a trial at the local court, including the Crown Court or Magistrates’ Court.
According to Canadian criminal law, the person responsible for the crime will receive a penalty and a sentence in the form of a community order, fine, or prison time.
The following are typical examples of criminal law:
● Theft or burglary
● Murder and manslaughter
● Criminal damage and arson
● Drug dealing
● Domestic abuse and assault
● Fraud and money laundering
● Rape or sexual assault
The Difference Between Criminal & Civil Law in Canada?
There is more than one difference between civil and criminal law. These distinctions include the following:
Parties
The state prosecutes suspects in criminal law for their violations. The Crown Prosecution Service is responsible for investigating and prosecuting cases.
In civil law, the cases are between individuals or an organization and an individual. The County Court or the High Court in Canada usually addresses civil proceedings, depending on the case severity.
Proof
Another civil law vs. criminal law distinction is the standard of proof. When lawyers prove guilt in a civil case, they prove it based on probabilities. In criminal cases, prosecutors must prove a case beyond a reasonable doubt.
Outcome
In criminal court, the goal is to restore justice through rehabilitative and punitive penalties, including community orders or fines. In civil cases, the court awards a monetary amount for compensation to the claimant.If you want to learn more about the difference between civil and criminal law or need a reliable and knowledgeable lawyer to help with your case, don’t hesitate to contact us.