If you’re reading this, you may be going through a tough situation. You might be thinking of going to the courts to get justice. Or, you may be on the receiving end of a lawsuit.

Before taking the next step, it would be helpful to familiarize yourself about the types of cases in the Canadian justice system and the process these cases are carried out to know what to expect.

What is a civil case or suit? How does it differ from a criminal case?

There are two types of litigation in Canada – civil and criminal.

A civil case is a private case where someone sues someone else. It is called a suit or action. To sue means to take legal action against a person or an organization, especially by making a legal claim for money because of some harm that they have caused against the person suing them.

Meanwhile, a criminal case involves the Crown (or government) prosecuting an accused under a public-law statute like the Criminal Code or the Controlled Drugs and Substances Act.

In these cases, the person who sues is called the plaintiff. The person being sued is the defendant.

Civil cases can deal with a wide range of topics. This includes contract disputes, property disputes, and cases dealing with family problems where divorce or custody of children are involved.

Criminal cases mainly involve a person being accused of a crime. These crimes may be against another person like assault, murder, sexual assault, or identity theft. Other crimes involve objects, like drug possession, or making fake money.

It should be noted that a person can be sued for a criminal and a civil case for the same act. O.J. Simpson, a famous American athlete, was cleared of charges of murdering his ex-wife and her friend in a criminal case. However, his ex-wife’s family filed a civil suit. In the civil proceeding, he was held responsible for the deaths and was ordered to pay damages to the victims’ families.

What happens in a civil case?

A civil case may go through several steps. They are the following:

1. Pleading

   A case starts with the plaintiff filing a pleading with the court. This describes the plaintiff’s complaint and what they are seeking as a remedy. The court officially receives the claim and provides or serves the defendant a copy.

   The defendant must answer the claim by giving the court a statement of defence. Failure to do so will make the court assume that the claim is true and the defendant is at fault.

   Both the plaintiff and defendant may hire a lawyer. Lawyers are often helpful when discussing settlement before a judge makes their decision. Settlement and other Alternative Dispute Resolution (ADR) methods are often offered as options to prevent the case from going into the courts. This may benefit all parties because a court trial is often costly and time-consuming. According to the Government of Canada, 98% of civil suits never make it courts.

2. Discovery

   Both parties are entitled to an examination for discovery before trial. This process clarifies the claim against the defendant and to understand the other side’s case. Each party is also allowed to examine the evidence each side intends to present in court. Discovery can help each side understand the strengths and weaknesses of their case, and potentially reach a settlement.

3. Trial

   If a settlement is not reached, the plaintiff is allowed to present facts to support their claim in court. The plaintiff must prove that the defendant is at fault and responsible for the damage. If the facts prove the plaintiff’s case, then the court will hold the defendant legally responsible. The judge will also determine how the case will be resolved. This includes the compensation the plaintiff should receive. On the other hand, if the defendant is found not liable, the judge dismisses the case.

What happens in a criminal case?

After the crime takes place, the government, as the plaintiff (also called prosecution), decides whether there is enough evidence to pursue the case. The government takes the case, not the victim, because a crime is considered to be an offense to society as whole. The person charged with the criminal offense is call the “accused.”
There are two types of criminal offenses:

• Summary conviction offenses which are minor cases (for example, causing a disturbance)
• Indictable offenses which are more serious, like theft or murder.

In a summary conviction, the accused appears before a judge for a trial right away. The judge decides the penalty for the accused, which can be a fine, imprisonment, or both.

For indictable offenses, a preliminary hearing may be held for the judge to determine whether there is enough evidence to proceed with the trial. If the judge decides there is not enough evidence, the case will be dismissed. Otherwise, it will go on full trial. The accused can decide whether the judge will hear the case in provincial court, or in superior court. The accused can also choose that a judge and jury hear the case in superior court.

During the trial, the prosecution must prove that the accused is guilty beyond reasonable doubt. If the accused is found “not guilty,” they will be acquitted and will be free to go. On the other hand, if the accused is proven guilty, the judge will hand down a sentence proportionate to the seriousness of the crime. Penalties can be a combination of a fine, restitution (the offender pays cost of injuries or loss or damage to property), imprisonment, community service, or probation (release of the offender with conditions).

Can a decision be appealed?

Yes, in most civil or and criminal cases, a decision made at one level of the court system can be appealed to a higher level. Also, both sides can make an appeal. For example, the accused may ask a higher court to reduce a sentence, or the prosecution may lodge an appeal to have a sentence increased.
 
Sources: Civil and criminal cases, Government of Canada; Differences Between Civil and Criminal Cases, Éducaloi; and Civil Litigation vs. Criminal Cases: Similarities & Differences, Law Blog, Epstein & Associates. Accessed November 21, 2024.