Criminal Lawyer vs Civil Lawyer: What's the Difference?
A criminal lawyer handles cases where the government, through the Crown prosecutor, charges a person with an offence under the Criminal Code or another federal law, and the possible outcomes include jail, probation, fines and a criminal record. A civil lawyer handles disputes between private parties, such as people, businesses or governments acting as parties, where the usual outcome is an order to pay money or do something. Criminal cases must be proven beyond a reasonable doubt. Civil cases are decided on a balance of probabilities, which means more likely than not. The same event, such as an assault or a car crash, can lead to both a criminal case and a civil lawsuit.
This article is part of the guide to criminal law in Canada.
The short version
- Criminal cases are brought by the Crown. Civil cases are brought by the person or business who was harmed.
- Criminal cases can lead to jail and a criminal record. Civil cases usually lead to an order to pay money.
- The criminal standard of proof is beyond a reasonable doubt. The civil standard is a balance of probabilities.
- A person charged with a crime has Charter rights, including the right to remain silent and the right to a lawyer.
- Legal aid commonly covers criminal charges where jail is likely. It rarely covers civil claims, apart from family law and some other areas.
- One incident can lead to both kinds of case, and the outcomes can differ.
Criminal vs Civil at a Glance
| Criminal case | Civil case | |
|---|---|---|
| Who starts it | The Crown, after police lay a charge | The person or business who claims harm (the plaintiff) |
| Who is on the other side | The accused | The defendant |
| Main law | Criminal Code, Controlled Drugs and Substances Act and other federal laws | Provincial laws and common law on contracts, negligence, property, and similar areas |
| Standard of proof | Beyond a reasonable doubt | Balance of probabilities |
| Possible outcomes | Jail, probation, fines, conditional sentence, discharge, criminal record | Damages (money), injunctions, declarations |
| Right to silence | Yes, the accused cannot be forced to testify | No general right; parties are usually questioned under oath before trial |
| Legal aid | Often available where jail is likely | Limited, apart from family law and some specific areas |
| Typical lawyer | Criminal defence lawyer | Civil litigator, personal injury lawyer, employment lawyer, family lawyer, and others |
What a Criminal Lawyer Does
A criminal defence lawyer represents people charged with offences. Their work commonly includes:
- giving advice after an arrest, including about the right to remain silent
- representing the accused at a bail hearing
- getting and reviewing disclosure, which is the Crown's evidence
- identifying Charter breaches, such as an unlawful search or a delay in access to a lawyer, and asking the court to exclude evidence
- negotiating with the Crown for withdrawal, diversion, a peace bond or a reduced charge
- representing the accused at trial
- making submissions on sentencing, such as asking for a discharge
The Crown prosecutor is also a lawyer, but represents the public interest rather than the victim. Victims are witnesses in a criminal case and do not have their own lawyer as a party, although victim services programs offer support.
See how much a criminal lawyer costs in Canada.
What a Civil Lawyer Does
"Civil lawyer" is a broad term. Civil litigators handle lawsuits about:
- contracts and business disputes
- personal injury, such as car accidents and slip-and-falls
- wrongful dismissal and other employment claims
- real estate and property disputes
- defamation
- estates and wills disputes
Family law is also part of civil law, although it is usually treated as its own practice area. Many civil lawyers also do non-court work, such as drafting contracts or negotiating settlements.
Standards of Proof
In a criminal case, the Crown must prove every element of the offence beyond a reasonable doubt. If the judge or jury has a reasonable doubt, the accused must be acquitted. This high standard reflects the serious consequences of a conviction.
In a civil case, the plaintiff must prove their claim on a balance of probabilities. The Supreme Court of Canada confirmed in F.H. v. McDougall (2008) that there is only one civil standard of proof in Canada, and it applies even when the allegations are serious, such as fraud or sexual assault. The evidence must still be clear, convincing and cogent.
When One Incident Leads to Both Cases
The same event can lead to a criminal prosecution and a civil lawsuit. For example:
| Incident | Criminal case | Civil case |
|---|---|---|
| A bar fight | Assault charge | Lawsuit for the victim's injuries and lost income |
| Drunk driving crash | Impaired driving causing bodily harm | Personal injury claim, often handled through insurance |
| Employee theft | Theft or fraud charge | Employer sues to recover the money |
| Sexual assault | Sexual assault charge | Civil claim for damages |
Because the standards of proof are different, a person can be acquitted in criminal court and still be found liable in a civil lawsuit. A criminal conviction can also be used as evidence in a later civil case.
Anyone facing both should tell each lawyer about the other case. What a person says in one case, for example during civil questioning, can sometimes matter in the other.
Which Lawyer Do You Need?
| Situation | Lawyer to look for |
|---|---|
| Arrested, charged or under police investigation | Criminal defence lawyer |
| Received a summons or appearance notice for an offence | Criminal defence lawyer |
| Want to sue someone for money | Civil litigator in the relevant area |
| Being sued | Civil litigator |
| Injured in an accident | Personal injury lawyer |
| Fired or harassed at work | Employment lawyer |
| Separation, divorce, custody or support | Family lawyer |
| Provincial offence, such as most traffic tickets | Paralegal (in Ontario) or a lawyer, depending on the province and seriousness |
Frequently Asked Questions
Can a criminal lawyer handle a civil case?
Some lawyers practise both, especially in smaller communities. Most lawyers focus on one area, and it usually makes sense to hire someone who regularly handles the type of case involved.
Can the victim make the Crown drop the charges?
No. The decision to continue or withdraw a criminal charge belongs to the Crown, not the victim. The Crown will usually consider the victim's views, but it decides based on the evidence and the public interest.
Does a criminal acquittal end a civil lawsuit?
No. A civil court decides the case on a lower standard of proof, so a civil claim can succeed even after an acquittal.
Is a traffic ticket a criminal matter?
Most traffic tickets, such as speeding, are provincial offences, not criminal offences, and do not create a criminal record. Impaired driving and dangerous driving are criminal offences under the Criminal Code. See impaired driving charges in Canada.
Need a criminal lawyer? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city, or see how to hire a lawyer in Canada.
Sources
- Criminal Code, Justice Laws Website, Government of Canada
- Canadian Charter of Rights and Freedoms, sections 7 to 14, Justice Laws Website
- F.H. v. McDougall, 2008 SCC 53, case information, Supreme Court of Canada
- Canada's System of Justice: the criminal and civil systems, Department of Justice Canada
- Victims' rights in Canada, Department of Justice Canada
Find a Lawyer Near You
Search by province, city and practice area.