Criminal vs. Civil Cases

In this post, law student volunteer Tracy Chen explains the different between criminal and civil law cases.

Criminal Law

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The purpose of criminal law is to punish behaviour that offends society as a whole, even though only one person may have been harmed. A criminal case involves prosecution by the Crown (government) against an individual. The Criminal Code contains the offences set out by the federal government that are considered criminal. The person charged with offence is called “the accused” and is presumed innocent until proven guilty.  

In a criminal trial, the prosecution must prove the accused is guilty of the charge beyond a reasonable doubt. In addition, if any evidence was obtained in violation of the accused’s Canadian Charter of Rights and Freedoms rights, the judge may decide not to admit such evidence. For example, in the recent Tori Stafford trial, the judge declared that police had violated the accused, Michael Rafferty’s section 8 Charter right against unreasonable search and seizure. The judge threw out the evidence the police obtained from his hard drive, Blackberry and laptop. If an accused is found not guilty, he or she is acquitted and released.

If the accused is found guilty of a crime, the judge must consider an appropriate sentence, which can include a fine, community service or imprisonment, among others.

Civil Law

The purpose of civil law is to address disagreements between individuals, for example, disagreements arising in business contracts or negligence claims. A civil lawsuit refers to a private case where an individual, known as the plaintiff is suing another, known as the defendant.  

The plaintiff must prove the defendant’s liability to the judge or jury on a balance of probabilities, which means more than 50 per cent (more likely than not). The burden of proof to show that the defendant is liable is lower in civil cases compared to the burden of proof for guilt in criminal cases because there is more on the line in criminal suits where the accused's freedom and liberty is at stake. 

Remedies in civil law suits can be money damages, declaratory (the court can rule on rights or duties of one of the parties), or injunctions (the court can order parties to do or not do something). Money remedies are the most frequent.

A person may undergo a criminal and civil trial for the same conduct. One of the most famous American cases is former football player OJ Simpson, who was charged with the murders of his ex-wife and her friend, was found innocent in his criminal trial, but was found liable in their wrongful deaths in a civil lawsuit. 

             

To read more about the Tori Stafford case: 
http://www.thestar.com/news/gta/crime/article/1176503--tori-stafford-trial-how-michael-rafferty-s-charter-rights-were-violated
To read more about the OJ Simpson case: http://www.trutv.com/library/crime/notorious_murders/famous/simpson/dead_16.html

Sources:

http://www.justice.gc.ca/eng/dept-min/pub/just/08.html

http://canadian-lawyers.ca/Legal-Help-and-Resources/Civil-and-Criminal-in-Canada.html

This blogpost is written by Tracy Chen, a law student at Osgoode Hall Law School. All info was reviewed by a JFCY staff lawyer.

LGBT Rights in Ontario Schools

Scenario:

Mark is a 17 year old student who attends a co-educational high school. Having ‘come-out’ to his school about his sexual orientation, he takes pride in being gay. Yet life hasn’t been so easy for him. Constantly teased by his peers, he feels ostracized by former friends and shunned by his classmates. One day, he finds his locker vandalized and covered in insults. To make matters worse, one of his teachers strongly urges Mark to keep quiet on his identity in order to prevent the escalating reactions. Finding support neither from peers nor a trusted teacher, Mark grows increasingly insecure.

What are Mark’s rights? What can he do?

The rights of LGBT (Lesbian, Gay, Bisexual, Transgender) Canadians are well protected under the Ontario Human Rights Code, as well as under Section 15 of the Canadian Charter of Rights and Freedoms. 

Recently, in June 2012, the Ontario government introduced anti-bullying legislation, known as Bill 13 or the Accepting Schools Acts 2012 that addresses bullying in publicly funded schools. This law came into force in September 2012 and is now valid and enforceable. The Act creates legal obligations for school boards and schools to prevent bullying, issue tougher consequences for bullying, and support students who want to promote understanding and respect for all. The preamble of the law recognizes that:

“[E]veryone — government, educators, school staff, parents, students and the wider community — has a role to play in creating a positive school climate and preventing inappropriate behaviour, such as bullying, sexual assault, gender-based violence and incidents based on homophobia, transphobia or biphobia”

This Act requires all school boards to support students who want to lead activities or organizations that promote the awareness and understanding of and respect for people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name. One important part of the law is that all schools must now allow students to form Gay-Straight-Alliances (GSAs). These groups are geared towards fighting homophobia in schools. They offer support to students who may be dealing with issues and challenges related to their sexual and/or gender identity.

Mark shouldn’t feel as if he can’t express himself. He could go speak to the Principal of his school, another teacher, his parents or someone he trusts. He has rights that should be protected and under the new Accepting Schools Act, must be protected. All students have the right to feel safe and supported in school.

For more information on Bill 13, the Accepting Schools Act: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2549

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

•   Kids Help Phone: www.kidshelpphone.ca 1 800 668 6868

•   LGBT Youth line: www.youthline.ca 1.800.268.9688 

•   Bullying Canada: http://www.bullyingcanada.ca/content/239672 1-877-352-4497  

For more on Gay-Straight Alliances (GSA): http://mygsa.ca

If you want to find out more about bullying and how you can help raise awareness and 

prevent bullying, you can look at some of these websites:

•   Web Aware on www.bewebaware.ca

•   Canadian Safe Schools Network on www.canadiansafeschools.com

•   http://www.definetheline.ca/

•   www.bullying.org

•   www.wiredsafety.org 

•   www.stopcyberbullying.org

The scenario for this post was written by Cydney Kim a JFCY volunteer on the PLE Team.  Cydney is in grade 12 at University of Toronto Schools. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.