British Columbia Law
What Is the Difference Between Criminal Law and Civil Law?
Civil law is when people and businesses are suing another individual, business, or government for a remedy. For example, if you are injured in a car accident, assaulted, or someone causes you financial damage (including a cheque returned NSF), you can sue the wrongdoer in civil court for a remedy — typically damages (money), though courts can also grant injunctions, declarations, and other equitable remedies.
In Canada, Criminal Law is the law to maintain public peace, as defined in the federal Criminal Code of Canada. Criminal law is designed to protect society as a whole, not just the individual victim. Only Crown Counsel — the provincial government's prosecutors — can bring a criminal prosecution.
You, as the individual victim, cannot personally lay criminal charges or prosecute someone in criminal court, even if you were directly harmed.
Two Systems Running in Parallel
This is one of the most important concepts for British Columbians to understand: the civil and criminal justice systems operate in parallel. You can be harmed by someone's conduct, and two entirely separate legal processes may follow simultaneously:
- The Crown may prosecute the wrongdoer in criminal court (you are a witness, not a party)
- You can sue the same person in civil court for damages arising from the same conduct
A classic example: a person who assaults you may face criminal assault charges pursued by Crown Counsel. At the same time, you can personally sue them in BC Supreme Court (or Small Claims Court, if your damages are under $35,000) for the civil tort of battery and claim damages for your injuries, lost income, and pain and suffering.
Different Standards of Proof
The reason someone can be acquitted in criminal court yet still be found liable in civil court comes down to the standard of proof:
- Criminal court: The Crown must prove guilt beyond a reasonable doubt — the highest standard in our legal system, reflecting the severity of criminal consequences (loss of liberty)
- Civil court: The plaintiff must prove their case on the balance of probabilities — meaning it is more likely than not (greater than 50%) that the defendant is liable
The OJ Simpson case in the United States is the most famous example of this principle: acquitted in criminal court, yet found civilly liable for the same deaths and ordered to pay millions in damages.
BC-Specific Civil Remedies
In BC, civil claims are governed by the BC Supreme Court Civil Rules and, for smaller claims, the Civil Resolution Tribunal Act and the Small Claims Act. The Civil Resolution Tribunal (CRT) handles disputes up to $5,000 online, and motor vehicle injury claims up to $50,000. BC Supreme Court handles larger civil claims and more complex matters.
The Limitation Act (BC) sets strict deadlines for starting civil claims. In most cases, you have two years from the date you knew (or ought to have known) about the claim to file in court. Missing this deadline can permanently bar your claim, regardless of its merits.
Family Law Is a Civil Matter
Sea to Sky Law™ focuses on civil matters — family law, estate law, business law, real estate law, and ADR. Family law proceedings are civil proceedings: divorce, property division, child support, spousal support, and parenting arrangements are all resolved in civil court under the Divorce Act and BC's Family Law Act.
These proceedings are entirely separate from any criminal matters, such as criminal harassment or assault charges that may arise in a family context.
With over 35 years of experience helping BC clients navigate the civil justice system, Sea to Sky Law™ can advise you on your civil rights and options — whether you are dealing with a family dispute, an estate matter, or a business conflict. Contact us for a consultation.
Family Law: Neither Criminal Nor Purely Civil
One area that often confuses people is family law. Family law in BC is a unique branch of civil law — it is not criminal, even when a relationship ends badly. Divorce proceedings, parenting disputes, child support, and property division are all civil matters governed by the federal *Divorce Act* and the provincial *Family Law Act (FLA)*.
Even Protection Orders under Part 9 of the FLA are civil remedies, not criminal convictions — though breaching a Protection Order can result in criminal contempt proceedings.
If family violence is alleged, criminal charges may be pursued by Crown Counsel separately, while the civil family law matter continues in parallel. Both proceedings happen simultaneously in different courts.
Estate Disputes: Civil Law
Inheritance disputes, challenges to a Will, and WESA wills variation claims in BC are all civil law proceedings — heard in BC Supreme Court. They involve no criminal element. The estate dispute and any criminal matter (such as elder financial abuse) proceed independently.
Business Disputes: Civil Law
Most business disputes — contract breaches, shareholder disputes, debt collection — are civil law matters. Fraud involving criminal intent may also attract criminal charges, but the civil claim for damages is entirely separate and proceeds regardless of whether a criminal prosecution is pursued.
Which Type of Lawyer Do You Need?
Sea to Sky Law™ practices civil law — specifically family law, estate law, and business disputes. If your matter involves a criminal charge, you need a criminal defence lawyer. However, many situations involve both: for example, a family breakdown involving allegations of assault (criminal) and a simultaneous property dispute and parenting matter (civil family law).
In those situations, you may need both a criminal defence lawyer and a family lawyer working in parallel.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.