When people first contact us at Jaswal & Krueger Criminal Defence Lawyers, there’s a question that comes up more than you might expect:
“Is this a criminal matter or a civil one?”
It’s a fair question. After all, legal language can be intimidating, and the justice system in Canada isn’t always easy to navigate. But here’s the good news: once you understand a few fundamentals, the difference between civil and criminal law becomes a lot clearer.
If you’re dealing with a legal issue in British Columbia—whether you’ve been charged with a crime or considering legal action against someone else—this guide will help you sort out where your situation fits. And more importantly, what to do next.
What Is Criminal Law?
Criminal law deals with conduct society deems unacceptable. Acts like assault, theft, impaired driving, or drug trafficking don’t just harm individual victims—they undermine public safety and order.
That’s why these cases aren’t brought forward by private citizens. They’re prosecuted by the government—the Crown—on behalf of the public. The goal? To hold people accountable for criminal acts, prevent future harm, and protect the broader community.
In Canada, most criminal offences are defined in the Criminal Code. Others fall under federal law legislation like the Controlled Drugs and Substances Act or the Youth Criminal Justice Act.
Now here’s where it gets serious: if you’re facing criminal charges, the consequences can include jail time, probation, fines, or a criminal record that follows you long after the case is closed. You don’t just walk away from a conviction—it can affect your immigration status, job prospects, even your ability to travel.
And the burden of proof? It’s high. In a criminal trial, the Crown must prove guilt beyond a reasonable doubt—a level of certainty that leaves little room for doubt in the mind of a judge or jury. This standard exists for good reason: the cost of getting it wrong is someone’s freedom.
What About Civil Law?
Civil law, on the other hand, doesn’t involve the state punishing wrongdoers. It’s about resolving private disputes—disagreements between individuals, businesses, or organizations.
A landlord refuses to return your damage deposit. Your neighbour builds a fence on your property. A driver causes a crash that leaves you injured. These aren’t crimes, but they’re still serious—and they have legal consequences.
Civil law deals with these types of issues, helping people seek remedies when their rights have been violated or contracts have been broken. Most often, that remedy is monetary compensation, but it can also include things like injunctions or court-ordered actions.
In a civil case, the person filing the claim is the plaintiff. The one responding? The defendant. And unlike in criminal court, the burden of proof is lighter. You don’t need to prove wrongdoing beyond a reasonable doubt—just on a balance of probabilities. In plain terms: is your version of events more likely than the other side’s?
Civil law includes areas like:
- Family law (divorce, custody, child support)
- Tort law (negligent acts causing personal injuries or property damage)
- Contract law (disputes over agreements)
- Property law (ownership issues, leases)
- Human rights (discrimination, unequal treatment)
If you’ve ever been involved in a civil suit—or even a small claims dispute—you’ve seen this system at work.
Criminal Law vs Civil Law: Two Systems, Two Purposes
At first glance, they might seem related. After all, both involve courts, lawyers, evidence, and legal consequences. But criminal and civil law serve very different purposes.
Here’s a breakdown:
| Aspect | Criminal Law | Civil Law |
|---|---|---|
| Who starts the case? | The government (Crown) | A private party (plaintiff) |
| Purpose | Punish and deter crime | Resolve disputes, provide compensation |
| Burden of Proof | Beyond a reasonable doubt | Balance of probabilities |
| Outcomes | Jail, fines, criminal record | Financial damages, court orders |
| Court | Criminal court | Civil court |
Key difference? Criminal cases protect society. Civil cases protect individual rights and property. The legal tests, the outcomes, even the rules of procedure—they differ greatly.
One of the most important differences is that criminal cases are prosecuted and therefore controlled by the government, not the potential victim of the crime. This is why in Canada a complainant does not have the power to unilaterally drop the charges, even if they have good reasons for wanting the charges dropped. In civil law, a plaintiff can drop their case at any time.
Can One Act Be Both Civil and Criminal?
Absolutely. And it happens more often than most people think.
Let’s say someone assaults you in a nightclub. The Crown charges them with assault—a criminal case. But you also suffer a concussion, miss work, and rack up medical bills. You may choose to file a civil notice of claim for damages.
These are separate entities, tried in different courts, with different rules. One doesn’t depend on the outcome of the other. A person can be found not guilty in criminal court and still found liable in civil court—or not.
Another example? Impaired driving. Someone is charged under the Criminal Code (a criminal offence)—but the victim of a crash can also sue for personal injury in civil court.
Summary Offences vs Indictable Offences
In criminal law, not all offences carry the same weight.
- Summary offences: less serious. Think causing a disturbance or driving without a licence.
- Indictable offences: more serious. Robbery, sexual assault, drug trafficking.
- Hybrid offences: can be treated as either, depending on how the Crown proceeds.
If you’re wondering how this compares to American law, read our guide to the difference between a felony and a misdemeanor.
