In everyday life, people encounter the terms crime and tort (civil wrong), but many are unsure how they differ. Both involve someone causing harm, but they belong to different branches of law with distinct processes and outcomes.
What Is a Crime? (Criminal Law Basics)
A crime is an illegal act that is considered an offense against society or the public as a whole, even if it harms a specific individual. Crimes are defined by public laws – primarily the Criminal Code of Canada (a federal statute) – and other statutes. Because a crime is viewed as a wrong against the state, it is the government (the “Crown”) that initiates and prosecutes a criminal case, not the individual victim.
In a criminal proceeding, a Crown attorney (prosecutor) brings the case to court on behalf of society (in case names, the prosecution is listed as “R.” for Regina or Rex, representing the Crown). The person accused of the crime (the defendant in criminal law, often called the accused) is presumed innocent and must be proven guilty beyond a reasonable doubt before any punishment can occur. This is a very high standard of proof, reflecting the serious consequences of criminal conviction.
If the accused is found guilty of a crime, the outcomes are punitive. They may face penalties such as imprisonment, fines paid to the government, or probation as determined by the criminal court. These consequences lead to a criminal record for the offender. Criminal sentences aim to punish wrongdoing and deter future crimes, thereby protecting the public.
For example, offenses like assault, impaired driving, break and enter, or robbery are crimes – they violate Canadian criminal law and can lead to prosecution by the state. In Toronto, crimes are investigated by the police (e.g. the Toronto Police Service), and prosecuted in the criminal courts (such as the Ontario Court of Justice or Superior Court of Justice, depending on the severity of the offense). The victim’s role in a criminal case is usually as a witness for the prosecution; it is not the victim’s responsibility to prosecute the offender.
What Is a Tort? (Civil Law Basics)
A tort is a civil wrong – an act (or omission) that causes harm, injury, or loss to another person, which can be addressed by a civil lawsuit. In a tort case, the wronged individual (the victim, known as the plaintiff in civil law) sues the person responsible (the defendant) to seek compensation for the harm suffered.
Unlike criminal law, which involves the state prosecuting an offense, tort law is used by individuals to claim compensation for private harms. The fundamental purpose of tort law is not to punish the wrongdoer but to provide a remedy to the victim – usually in the form of monetary damages – to compensate for losses and put the victim back in the position they were in before the harm. In other words, tort law aims to make the injured party “whole” again, as far as money or court orders can do so, rather than to inflict punishment on the wrongdoer.
If a defendant is found liable (legally responsible) for a tort, they will not face jail or criminal penalties; instead, the court can order them to pay damages (financial compensation) to the plaintiff or sometimes to do or refrain from doing something (such as a court injunction) as a remedy. For example, imagine you are injured in a car accident because another driver ran a red light. The accident itself isn’t a crime unless it was accompanied by a Criminal Code violation (though something like dangerous or impaired driving could be charges).
However, from a civil law perspective, the other driver’s negligence is a tort, and you can file a lawsuit to claim damages for your injuries, medical bills, and vehicle repair. Other common tort examples include a slip-and-fall injury due to a property owner’s negligence, damage to your property caused by someone, or defamation (someone harming your reputation by making false statements). These are private disputes dealt with in civil courts. In Ontario (including Toronto), tort cases are often brought in the Superior Court of Justice or Small Claims Court (for smaller claims), and the injured person is in charge of pursuing the case (usually with the help of a lawyer).
Key Differences Between Crimes and Torts
Although a single incident can sometimes be both a crime and a tort, crimes and torts differ in several fundamental ways. Here are the key differences in the Canadian context:
Nature of the Wrong & Who Initiates the Case
A crime is considered a public wrong, an offense against the community or against the state itself. Therefore, criminal cases are brought in the name of the state (in Canada, the case will be R. v. [Defendant], indicating the Crown prosecutes the accused). It’s the government – through Crown prosecutors – that initiates and conducts the case in court, not the victim. In contrast, a tort is a private wrong – a harm to an individual or their property.
A tort case is initiated by the injured person filing a lawsuit against the alleged wrongdoer in civil court. The parties in a tort case are the plaintiff (victim) versus the defendant, and the plaintiff controls the litigation (including the decision to sue or to settle). In summary, criminal cases are “Society (Crown) vs. Individual,” whereas tort cases are “Individual vs. Individual.”
Purpose and Outcome
The aim of criminal law is to punish wrongdoing, protect the public, and maintain social order. Thus, if someone is convicted of a crime, the outcome is a punishment (also called a sentence) imposed by the court – for example, incarceration (prison/jail time), a government fine, or other sanctions like probation or community service.
This does not directly compensate the victim; rather, it is meant to penalize the offender and deter others from committing similar crimes. In contrast, the aim of tort law is to remedy a wrong done to a person by compensating the victim for their loss. If a defendant is found liable in a tort case, the typical result is an award of damages (money) payable to the plaintiff. There is no “jail” or criminal record in civil cases – the consequence is financial liability or sometimes an injunction, not incarceration. In essence, criminal law looks backward to punish the offender, while tort law looks forward to help the victim recover.
For example, someone convicted of assault (crime) might be sent to jail or fined by the court, whereas in a civil suit for the same assault, the court could order the offender to pay the victim for medical bills, pain and suffering, etc. as compensation.
Burden of Proof (Standard of Proof)
Because the stakes are higher in a criminal case (loss of liberty, social stigma of a conviction), the law requires a much stricter standard of proof. In a criminal trial, the prosecution must prove the accused’s guilt “beyond a reasonable doubt.” This means the evidence must establish almost certain guilt – if there is any reasonable doubt about the defendant’s guilt, they must be acquitted (found not guilty).
By contrast, in a tort case (civil trial), the plaintiff must prove the defendant’s liability on a “balance of probabilities,” which is a lower threshold. This standard means that the judge or jury needs only to be convinced that it is more likely than not that the defendant is responsible for the harm (often colloquially said to be >50% likely). In practical terms, “beyond a reasonable doubt” is a far more demanding test than “more likely than not.” This difference explains how the same act might not lead to a conviction in criminal court but could still result in liability in civil court – if the evidence isn’t enough to meet the very high criminal standard but is enough to tip the balance in a civil case. (We’ll discuss an example of this overlap below.)
Legal Procedure and Courts
Criminal and tort cases follow different procedures and take place in different courts. A criminal case usually begins with a police investigation and the laying of charges under the Criminal Code or another statute. The accused might be arrested and brought to bail hearing, and the case is handled in the criminal court system. In Toronto (and the rest of Ontario), less serious charges are handled in the Ontario Court of Justice, while more serious crimes (indictable offenses) may go to trial in the Superior Court of Justice.
The government (Crown) handles the prosecution, collects evidence (often with police), and must disclose evidence to the defense. The accused has rights under the Charter, including the right to a lawyer (and access to legal aid if they cannot afford one) and the right to a trial by jury for serious charges.
The trial is adversarial: a Crown attorney presents evidence and arguments to prove the charge, and the accused (usually through a defense lawyer) can challenge the evidence. If the judge or jury is convinced beyond a reasonable doubt of guilt, a conviction is entered; otherwise, the accused is acquitted.
After a conviction, a sentencing hearing determines the punishment. A civil tort case, on the other hand, is initiated by filing a statement of claim (a legal document outlining the allegations and damages sought) in the civil court (in Ontario, usually the Superior Court of Justice, or Small Claims Court for smaller matters). The defendant must be formally served with the lawsuit and has an opportunity to file a defense.
The process then typically involves pleadings (exchange of claim and defence documents), discovery (where both sides exchange evidence and information), and potentially a trial if the case doesn’t settle out of court. In a civil trial, the plaintiff and defendant (or their lawyers) present evidence and call witnesses, and because it’s a private lawsuit, each side generally bears their own legal costs (though a losing party often may be ordered to pay a portion of the winner’s costs).
The judge (or a jury, in rare civil cases) decides whether the plaintiff has proven the case on a balance of probabilities. If yes, the court will find the defendant liable and order an appropriate remedy, such as a sum of money (damages) to be paid to the plaintiff. Notably, most tort cases are resolved by settlement before reaching trial, whereas criminal cases are resolved by trial or plea bargain (an agreement where the accused pleads guilty to an offense, sometimes in exchange for a lighter sentence) rather than any kind of monetary settlement with the victim. The differing procedures mean that as a victim, you play a very different role: in a criminal case you are essentially a witness and the case is run by the Crown, whereas in a tort case you are in charge of bringing and proving the claim (often with a lawyer’s help).
Terminology and Legal Effect
The language used reflects the differences above. In criminal law, we speak of “guilt or innocence” – an accused is found guilty or not guilty (acquitted). In tort law (civil), the terms are “liability or no liability” – a defendant is found liable or not liable for the harm. A criminal conviction carries the stigma of a crime and results in a criminal record for the offender. A civil judgment of liability results in a civil debt or obligation (such as an order to pay damages) but no criminal record. Furthermore, criminal convictions may have public law consequences (for example, affecting one’s ability to travel or work in certain jobs, or in immigration status for non-citizens), whereas civil liabilities primarily affect the finances or behavior of the person held responsible (they may have to pay money or abide by an injunction, but they do not lose liberty).
Another point of contrast is that criminal law is largely uniform across Canada (since criminal offenses are federal law), while tort law can vary slightly by province (tort principles come mostly from common law court decisions and some provincial statutes). That said, the core concepts of tort law (negligence, defamation, etc.) are very similar throughout Canada, especially in common-law provinces like Ontario.
Can One Act Be Both a Crime and a Tort?
Yes. There are many situations where the same wrongful act can give rise to both a criminal case and a civil (tort) case. In such instances, the state and the individual victim have parallel remedies available.
For example, if someone physically assaults you, that act violates the Criminal Code (assault is a crime), and the police can lay criminal charges. Separately, that same act is a tort (often the tort of assault and battery, or negligence if injuries were caused by carelessness), and you have the right to sue the perpetrator for compensation for your injuries. In this scenario, the assailant could face a criminal trial and a civil lawsuit.
Another example: imagine a drunk driver hits a pedestrian. The driver will likely be charged with the crime of impaired driving (and possibly other offenses) by the Crown, and the injured pedestrian can sue the driver for the tort of negligence to recover losses like medical expenses, lost income, and pain and suffering. These proceedings are independent: the criminal case focuses on whether the driver broke the law and what punishment is appropriate, while the civil case focuses on whether the driver is liable for the pedestrian’s injuries and how much compensation is due.
Importantly, the outcome of one process does not dictate the outcome of the other. A person might be acquitted in a criminal court but still be found liable in a civil court for the same incident, or vice versa. This is because of the different standards of proof and purposes of the two systems. For instance, if the evidence in a violent incident is not strong enough to prove guilt beyond a reasonable doubt (resulting in a not guilty verdict in criminal court), it might still be sufficient to show it was more likely than not the defendant’s fault, leading a civil court to hold them liable for injuries under tort law.
A famous illustration of this principle (outside Canada) is the O.J. Simpson case – he was found not guilty of murder in the criminal trial, but later found liable for wrongful death in a civil lawsuit by the victims’ families, due to the lower burden of proof in civil court. Canadian law explicitly allows this separation: a civil claim for damages is not barred just because the act was a crime – you can pursue both avenues independently.
From the perspective of a victim in Toronto, this means you could, for example, cooperate with police and testify in a criminal trial against an assailant and also sue that person for damages in civil court. The criminal case might result in punishment, whereas your civil case could result in financial compensation to help you recover from the harm.
Why Does the Difference Matter?
Understanding the distinction between crimes and torts has practical importance, especially for Toronto residents (and Canadians in general). It helps you know what steps to take and what to expect if you’re wronged or involved in a legal dispute:
- If you believe a crime has occurred:
For instance, if you’re a victim of theft, assault, vandalism, fraud, or any other offense defined in the Criminal Code, your course of action is to contact the police. Law enforcement will investigate and, if appropriate, criminal charges will be laid. The state will handle the prosecution, and you may be asked to provide a statement or testify, but you do not need to hire a lawyer to “press charges” – in fact, it’s not the victim who presses charges in Canada, it’s the Crown. The case will go through the criminal justice system, and if the accused is found guilty, the court will impose a sentence. While this can hold the offender accountable to society, remember that a criminal conviction won’t automatically pay you back for your losses (though sometimes courts order restitution, it’s at the court’s discretion and often limited).
- If you have a civil grievance (tort dispute):
Suppose someone’s negligence or intentional act has caused you harm – for example, a careless driver damaged your car, a store’s wet floor caused you to slip and injure yourself, or someone spread false statements that hurt your reputation. These situations fall under civil law, not usually criminal law. To seek a remedy, you (as the injured party) would typically consult a lawyer and consider filing a lawsuit against the responsible person or party.
Unlike criminal cases, the initiative is on you to pursue the matter; authorities generally won’t get involved in private disputes. You’ll need to gather evidence of your losses and demonstrate the other party’s fault to succeed. If you win the case (or negotiate a settlement), the result is usually that you receive financial compensation for your damages. In Toronto, there are legal clinics, lawyers, and resources (like the Law Society of Ontario’s referral service) that can help individuals understand their options in civil matters. It’s also worth noting that there are limitation periods (deadlines) for filing tort claims (in Ontario, often 2 years from the date of the incident in many cases), so acting promptly is important once you realize you have a claim.
- When both apply:
In some events, you might have both a criminal case and a civil case arising from the same facts. For example, if you were assaulted, the police can charge the offender criminally and you might sue for damages. In such cases, it’s useful to know that the criminal process and civil process will run separately. The criminal case might provide some sense of justice or public safety if the offender is convicted and sentenced, whereas the civil case is your avenue to recover personal losses (medical costs, lost wages, pain and suffering, etc.)
Toronto residents who are victims of violent crimes may also have access to victim support services or compensation programs (for instance, Ontario’s Victim Quick Response Program+), but these are separate from tort lawsuits. Understanding the crime/tort difference empowers you to utilize the correct systems – calling the police for crimes, and turning to the civil courts for private disputes or additional compensation. It also helps manage expectations: a criminal court won’t award you money for your injury, and a civil court won’t send the wrongdoer to jail, because each system has its own role.
Bottom Line
In summary, a crime is a breach of law and an offense against society, prosecuted by the state with the goal of punishment, whereas a tort is a violation of individual rights, pursued by the victim with the goal of compensation. Both legal pathways are vital: criminal law upholds public order and safety, and tort law provides relief to those personally harmed by others.
For residents of Toronto and Canada at large, knowing the difference means you’ll be better equipped to seek justice in the appropriate forum. If in doubt, you can reach out to legal professionals or community legal clinics for guidance on whether a situation is criminal, civil, or both. By clearly distinguishing between crimes and torts, individuals can protect their rights more effectively and understand how the Canadian legal system can assist them in each scenario.