The Difference Between Criminal Law and Civil Law

When it comes to the legal system, most cases fall under either civil law or criminal law. Understanding the distinctions between these two categories is crucial, especially in Canada where both operate under unique rules.

What is Criminal Law?

Criminal law deals with actions that are considered offenses against society or the state. In Canada, criminal law is public law, meaning it governs the relationship between individuals and society at large (as represented by the government). If someone violates a law deemed harmful to society – for example, by committing theft, assault, or impaired driving – it’s handled as a criminal matter. These offenses are defined in federal statutes like Canada’s Criminal Code. In a criminal case, the government (through a Crown prosecutor) initiates the proceedings against the accused person on behalf of the public. The goal of criminal law is to hold offenders accountable, punish unlawful behavior, and deter future crimes, thereby protecting society as a whole.

Importantly, the state controls a criminal case, not the victim. This means criminal law is public in nature – the prosecution is The Crown (the state) vs. the Defendant. For instance, a criminal court case in Canada will be titled R. v. [Defendant], where “R.” (Regina or Rex) represents the Crown. Because criminal offenses are seen as offenses against society, the question “is criminal law public or private?” can be answered clearly: criminal law is a form of public law.

In a criminal trial, the prosecution must prove the accused is guilty beyond a reasonable doubt, which is a very high standard of proof designed to prevent wrongful convictions. If the accused is found guilty, they face penalties such as imprisonment, fines, probation, or a criminal record. These penalties are meant to punish the wrongdoing and protect the public. A conviction can carry long-term consequences; for example, a criminal record may affect one’s ability to obtain employment, travel, or immigrate. On the other hand, if there is reasonable doubt, the accused is acquitted (found “not guilty”) and goes free.

Examples

Examples of matters handled under criminal law include:

• Violent crimes – e.g. assault, robbery, sexual assault, or murder.
• Property crimes – e.g. theft, burglary, or arson.
• Financial crimes – e.g. fraud or embezzlement.
• Driving offenses – e.g. impaired driving (DUI) or reckless driving, which are crimes under statutes like the Criminal Code or provincial laws.
• Drug offenses – e.g. possession or trafficking of controlled substances (prosecuted under laws like the Controlled Drugs and Substances Act).

In each of these examples, the wrongful act is considered harmful to society at large. As a result, a government prosecutor (Crown counsel) brings charges against the accused. For instance, if someone commits assault, it’s the Crown – not the victim – who will prosecute the case in criminal court. Any punishment (like jail or probation) is imposed by the criminal court upon a conviction.

What is Civil Law?

Civil law, by contrast, deals with disputes between private individuals, organizations, or businesses. It is often referred to as private law because it governs the relationships and conflicts among people or entities, rather than offenses against the state. In a civil case, one party (the plaintiff) sues another party (the defendant) seeking a remedy for a wrong that was allegedly committed. The purpose of civil law is not to punish an offender, but to resolve the dispute and, if appropriate, compensate the person who was harmed. Common areas of civil law include contract disputes, property disputes, family law matters, and tort claims (like negligence or personal injury).

Civil cases can arise from a wide variety of situations. For example, if a driver accidentally injures someone in a car accident, the injured person might file a personal injury lawsuit seeking compensation for medical bills and damages. Unlike criminal cases, civil cases are controlled by the injured party – the plaintiff can decide whether to bring the lawsuit and has the ability to drop the case or settle it out of court at any time. Civil law proceedings aim to make the injured party whole (as much as possible) rather than to impose punishment on the wrongdoer.

Another hallmark of civil cases is the lower standard of proof. The plaintiff must prove their case on a balance of probabilities, meaning it should be more likely than not that the defendant is responsible for the harm. In practical terms, this standard (sometimes called “preponderance of the evidence”) is much easier to meet than the criminal standard of beyond a reasonable doubt. If the plaintiff meets this burden and the court finds the defendant liable, the court will order a remedy. The most common remedy in civil law is monetary damages – an amount of money the defendant must pay to the plaintiff. Other possible remedies include injunctions (court orders requiring someone to do or stop doing something) or specific performance (in contract cases, ordering a party to fulfill their contractual promises).

Examples

Typical examples of civil law cases include:

• Contract disputes – e.g. a business suing another for breach of contract, such as not delivering goods or services as promised.
• Tort cases (personal injury) – e.g. a person injured in a slip-and-fall accident or car crash sues the responsible party for negligence to recover medical expenses and damages.
• Property and landlord/tenant disputes – e.g. a homeowner and a neighbor disputing a property boundary, or a tenant suing a landlord for not returning a security deposit.
• Family law matters – e.g. divorce proceedings, child custody and support disputes (while handled in family courts, these are civil in nature as they resolve private family rights and obligations).
• Defamation cases – e.g. an individual suing someone for libel or slander that harmed their reputation.

In each civil example, the case is initiated by the person who suffered a loss or injury. They are seeking a personal remedy – usually compensation – from the defendant. There is no jail time at stake in civil cases; even if the defendant is found liable, they typically must pay money or comply with a court order, but they do not get a criminal record or prison sentence as a result of losing a civil case.

Can a Civil Case Lead to Criminal Charges?

It is possible for a situation to involve both civil and criminal proceedings, but one process doesn’t directly turn into the other. A civil case in itself does not automatically trigger criminal charges – however, the underlying conduct might prompt criminal investigation by authorities. In practice, the same incident can give rise to separate civil and criminal actions.

For example, if someone is assaulted, the government can prosecute the offender for the crime of assault in criminal court, and at the same time the victim can file a civil lawsuit for damages related to the assault (such as medical costs and pain and suffering). The two cases would proceed independently: one aiming to punish the wrongdoer, the other aiming to compensate the victim.

It’s also possible that during a civil lawsuit, information comes to light which leads police and prosecutors to pursue criminal charges. Suppose a civil case reveals evidence of fraud or other criminal wrongdoing – law enforcement can use that evidence to open a criminal case against the responsible person. A notable point is that the outcomes of one do not dictate the outcomes of the other.

10 Differences Between Civil and Criminal Law

Now that we’ve defined criminal and civil law, let’s compare them directly. Below are ten key differences between civil law and criminal law:

1. Nature of the Offense: Criminal law addresses wrongs that are considered offenses against society or the state. In contrast, civil law addresses wrongs or disputes between private parties. In other words, a crime like theft or assault is seen as harming the public interest, whereas a civil dispute (like a breach of contract or injury claim) affects only the individuals involved.
2. Parties Involved: Criminal cases are brought by the government (the prosecution, often called “the Crown” in Canada) against the accused individual. The victim of the crime is not a party to the case, though they may be a witness. Civil cases, on the other hand, are between private parties – the plaintiff (individual or entity who files the lawsuit) versus the defendant (the party being sued).
3. Public vs. Private Interest: Because criminal law is a public matter, its primary aim is to protect society and maintain public order. Any crime is viewed as a wrong against the community, so the state seeks justice on the community’s behalf. Civil law is driven by private interests – it seeks to resolve disputes and right wrongs between individuals, focusing on compensating the person who was wronged rather than protecting the public at large.
4. Purpose and Outcome: The purpose of a criminal case is to determine guilt or innocence and, if guilty, to punish the offender (punitive purpose). Punishments can include incarceration, fines, community service, probation, and other measures intended to penalize and deter wrongdoing. The purpose of a civil case is to determine liability and provide a remedy to the injured party (a compensatory purpose). Outcomes in civil cases usually involve the defendant being ordered to compensate the plaintiff (often financially) or to take specific actions to remedy the harm.
5. Burden of Proof: In criminal law the burden of proof is on the prosecution, and the standard is “beyond a reasonable doubt.” This is the highest standard of proof, reflecting the serious consequences of a criminal conviction (like loss of liberty). In civil law, the burden is typically on the plaintiff, and the standard is “balance of probabilities” (also known as preponderance of evidence). This means the judge or jury believes one side’s story is more likely true than not. The civil standard is lower because civil cases generally involve monetary stakes rather than someone’s freedom.
6. Evidence and Testimony: Because of the high stakes, criminal defendants benefit from strong legal protections regarding evidence and testimony. For example, a person accused of a crime has the right not to testify at their own trial, and the prosecution cannot force them to take the stand as a witness. In a civil case, by contrast, both the plaintiff and the defendant can be compelled to testify or provide evidence. There is no absolute right to remain silent for civil litigants – refusing to answer questions (outside of specific privileges) can result in legal penalties in civil proceedings.
7. Legal Representation: In serious criminal cases, defendants who cannot afford a lawyer may be eligible for assistance (such as a court-appointed lawyer or legal aid) to ensure they have representation. This is because one’s liberty is at risk in criminal trials, so the system strives to provide a fair defense. In civil cases, there is generally no automatic right to a free lawyer – each party must hire their own lawyer or choose to represent themselves. If you cannot afford a lawyer for a civil lawsuit, you might have to proceed pro se (on your own) or seek contingency fee arrangements or pro bono help, since the court won’t assign a free lawyer in a typical civil matter.
8. Control of the Case: In criminal law, the control of the case lies with the state prosecutor. Even if a victim wants to withdraw their complaint, they do not have the power to drop criminal charges – that decision is up to the Crown prosecutor or ultimately the judge. This is because the offense is against the public interest, not just the victim. In civil law, by contrast, the plaintiff has control over the case. The suing party can decide to settle the matter out of court, or discontinue the lawsuit if they choose, since the dispute is personal. Essentially, a criminal complainant can’t directly stop a prosecution, but a civil plaintiff can settle or drop a lawsuit at their discretion.
9. Consequences and Records: A criminal conviction results in a criminal record, which can have long-term consequences beyond the immediate punishment. Having a criminal record can affect employment opportunities, travel visas, immigration status, and more. In contrast, losing a civil case (being found liable) does not give you a criminal record – it typically means you owe money or have to comply with a court order. Civil judgments can affect your finances and sometimes your credit, but they don’t carry the social stigma or legal restrictions that criminal convictions do. Notably, imprisonment is not a consequence of a civil case – you don’t go to jail just because you lost a lawsuit (except in very specific situations like contempt of court, which are separate issues).
10. Source of Law & Jurisdiction: In Canada, criminal law is largely contained in federal legislation – primarily the Criminal Code (a law that applies uniformly across the country). Provinces enforce the Criminal Code, but they do not make their own criminal laws (aside from some provincial regulatory offenses). Civil law, on the other hand, is governed by a combination of common law and provincial statutes, and it encompasses many areas (contract law, tort law, property law, family law, etc.). This means civil laws can vary from one province to another depending on local legislation or court precedents, whereas criminal law is more uniform nationwide. For example, the rules for a personal injury lawsuit or contract dispute might differ slightly between Ontario and British Columbia (since provinces have their own laws and procedures for civil matters), but the definition of a crime like theft is the same across Canada under the Criminal Code.

3 Key Differences Between Civil and Criminal Law

While there are many differences, here are three of the most fundamental distinctions to remember:

• Public vs Private – Criminal law is a public law matter: the government prosecutes an accused on behalf of society. Civil law is a private matter between individuals or organizations. This means crimes are viewed as offenses against the state, whereas civil disputes are personal wrongs against another party.
• Burden of Proof – Criminal cases require proof beyond a reasonable doubt for a conviction, reflecting the serious potential punishment (loss of liberty). Civil cases require proof on the balance of probabilities, a lower standard that only needs to show something is more likely than not. In short, it’s much harder to prove a criminal charge than to prove a civil claim.
• Outcome/Penalties – A criminal case can result in punishment (jail time, fines, probation, etc.) and a criminal record if the defendant is found guilty. A civil case results in compensation or remedies – if the defendant is found liable, they may be ordered to pay money or fulfill a duty to the plaintiff, but they won’t be sent to prison for losing a civil lawsuit. The focus is punishment vs. compensation.

Understanding these key points provides a solid foundation for distinguishing civil law from criminal law in everyday situations.

TL:DR

Knowing the difference between civil and criminal law is essential for anyone looking to understand their legal situation or the Canadian justice system. Civil law involves private disputes resolved through compensation, while criminal law involves offenses against society punished by the state. From the burden of proof to the outcomes and long-term consequences, the two systems serve different purposes.