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Courts provide a means to settle legal disputes. The dispute can be between two individuals. This is known as a civil matter. The dispute can concern criminal activity which concerns the public as a whole. This is known as a criminal matter.
The law in Canada is often described as being split between civil and criminal law matters. Civil matters are private legal disputes between individuals or organizations. The government can also be a party to a civil lawsuit. Criminal matters are those between the public and someone who has committed a crime. The public in this case is represented by the government.
It is not unusual to have these two types of law overlap from one single set of circumstances. For example, an assault can lead to criminal charges as well as a civil suit for injuries. A crash involving a drunk driver can lead to criminal charges as well as a civil suit to compensate for damage or injury.
There are some other areas of law such as administrative law. This area deals with the actions of government agencies. An example of this is a hearing before a residential tenancy board.
This type of dispute is often referred to as a private dispute. This is because it involves a private issue between two or more parties. Two neighbours could, for example, have a dispute about water draining from one property to another. Civil law covers a range of issues such as:
In civil law cases, the party who starts the action is usually called the plaintiff. The party that the plaintiff is suing is called the defendant. In family law matters, the person making an application to the court is called the petitioner. The person who must respond to the application is called the respondent.
Criminal law matters involve a public interest. Society as a whole says that certain conduct is not acceptable. Penalties are imposed for individuals who engage in such behaviour. Criminal law is broad in scope including from theft to treason and murder to aircraft hijacking. In general, criminal offences are set out in the Criminal Code. Other federal statutes such as the Controlled Drugs and Substances Act and the Food and Drugs Act also set out criminal matters.
Offences established by provincial statutes or municipal bylaws are called quasi-criminal matters. This is because they are not considered crimes but are dealt with in a similar way. If you get a speeding ticket, for example, you have not committed a crime. Disputing the ticket in court, however, follows a process similar to a criminal matter.
The person charged with committing a criminal offence is known as the accused. In Canadian law, crimes are dealt with as wrongs against society as a whole. They are not dealt with as private matters between two people even though individuals often suffer injury or damage. Because of this, criminal proceedings are conducted in the name of the Crown to represent the interest of the state. The lawyer representing the Crown is called the Crown counsel or prosecutor. They act on behalf of all members of the public and are therefore not the victim’s lawyer.
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