To live together peacefully, govern affairs efficiently and to communicate as a whole, as a group of members living together; there has to be laws. In all parts of the world in all societies, they govern themselves according to codes of law (Hoag, 2006, p. 3) Criminal law includes major criminal offenses such as murder, assault, whereas civil law includes activities related to the process of lending and borrowing money, entering into contracts, disputes with neighbours, and marriages. Although both criminal and civil cases involve an argument concerning rights and responsibilities of the people involved in a case, there are still a lot of differences between criminal and civil law in terms o principles, administration and procedures. In my research paper, I will be discussing the differences between the civil and criminal court principles, administrations, procedures and examples of the types of cases in Ontario, civil and criminal, will be used.
Criminal law contains both substantive law, which is the type of conduct that is acceptable or not, and it contains procedural law which describes the process to be followed when there is a violation of substantive law. In civil law, there are cases and statutes that describe the substantive aspects of civil claims, for example, liability (Hoag, 2006, pp. 7-8).
Many of the most important principles of criminal law has been developed in the context of a few particular crimes (Kent Roach, 2004, p. 5). The difference between criminal and civil principles is that criminal law in Ontario includes acts that is proven to case intentional harm to another person, or other person's property whereas civil law involves either disputes between two people or negligent acts that could end up causing harm to another person (Canadian Superior Courts and Judges Association, 2010). The main purpose of criminal law is to protect the society's peace and order whereas the civil law upholds the rights of each individual (Sixth Sense, 2010). A good example of criminal law is the act of breaking into the home of another person purely because this type o action breaks the privacy and security of the residents who are living inside the house. Given the idea that crimes are offences made against society, criminal law includes a wide-range of criminal offenses including vandalism to murder.
(Canadian Superior Courts and Judges Association, 2010) Since criminal offences are made against the security and safety of the society, it is the state or Crown that is made responsible in the process of investigation and prosecution of the criminal allegations against the part of the victims. As part of the investigating procedure for criminal cases, is it the local police who have the authority to gather concrete evidence that can be filed in the court. In court, the person authorized to present the criminal case against the suspect are the public prosecutors including the judges and juries. Given that the suspect is proven guilty of a crime, the suspect will be convicted of a crime and will be punished for many years of imprisonment, fine, community sentence, or when to be discharged.
Generally, gathering of multiple concrete evidences that an intentional crime was committed are necessary before any person will be convicted of a crime. In the absence of sold evidences, the suspect striking another person can be classified only as criminal assault. Not unless the suspect was proven to have intentionally beaten up another person without reasonable doubt, it is not possible to accuse the suspect of a criminal case (Canadian Superior Courts and Judges Association, 2010).
Unlike in criminal law, the state has no role in handling civil cases except when the party being sued for civil case is the government. The person who files a civil case is known as the plaintiff or the applicant whereas the person being sued is the defendant or respondent. Depending on the balance of probabilities, it is the courts, who may decide whether the defendant is liable or not liable of a civil case, to dismiss a civil case due to insufficient evidences or order the losing party to pay for the damages through monetary award. As part of the investigating procedure for civil cases, it is the parties involved and lawyers are responsible in gathering evidences that will be presented in the courts (Canadian Superior Courts and Judges Association, 2010).
Forming the lower ties within the Canadian court system in Ontario, the Ontario Court of Justice and Superior Court of Justice make up the Court of Ontario. Specifically the Ontario Court of Justice is composed of 287 judges and 349 justices of the peace who were appointed to serve in the courts (Ontario Court of Justice 2006/2007 pp.1). The hearing of all jury trials and trails before a judge for a preliminary hearing of all cases related to civil matters, criminal law, and youth criminal justice matters are exclusively handled by the Superior Court of Justice (Ontario Court of Justice 2006/2007 pp.1-2). Under Child and Family Services Act, the Family Branch has the exclusive jurisdiction in handling all other family matters except for divorce, division of property, spousal support and the Family Court of the Superior Court of Justice is handling child custody.
It is the justices of peace of the Court who handles provincial offenses, bailing hearings, and the issuance of search warrants. Whereas the judges of the court conduct trials for provincial offences, criminal and youth criminal justice bails, trials for provincial offences, criminal and youth criminal justice bails, trails, preliminarily hearings, and family law cases except for divorce and division of property (Ontario Court of Justice, 2010). To avoid misjudgement, the Superior Court of Justice sits on appeals of conviction trails heard before a judge of Ontario Court of Justice (Ontario Court of Justice 2006/2007 pp.1-2). Composed of the chief of justice of Ontario, the Associate Chief Justice of Ontario and 21 other judges; the Ontario Court of Appeal who is in-charge of hearing civil and criminal appeals coming from Ontario Court of Justice and the Superior Court of Justice (Court of Appeal for Ontario, 2010).
There are many criminal and civil cases in Ontario. (Courts of Appeal for Ontario, 2010)
R. v. Rashid
2010 ONCA 591
September 14, 2010
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Was a decision made by the Ontario Court of Appeal. The appellant said his rights under s.9 of the Canadian Charter of Rights and Freedoms were violated both in delay in bringing him before a justice for a bail hearing and because of the operation of a police policy. The ratio decidendi was "the leave to appeal sought is limited to a review of the trail judge's exercise of discretion and the choice of remedy for s.9 Charter breach. The court recently considered the test for a stay in the context of bail-related Charter breaches in R.v.Zarinchang (2010), 99 O.R. (3d) 721 (C.A.). For those reasons, the leave to appeal application was dismissed".
A civil case law that was in Ontario was, (Courts of Appeal for Ontario, 2010)
Penner v. Niagara (Police Services Board)
2010 ONCA 616
September 27, 2010
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. The appellant alleges misconduct of two officers who arrested him. He claims that the arrest was unlawful and officers used unnecessary force. The ratio decidendi was that, "applying issue estoppels would not be unfair or unjust. The cumulative strength of the considerations in favour of applying issue estoppels outweighs the strength of those against applying it". For that reason the case was dismissed.
Criminal law contains both substantive and procedural law. Within the criminal law, the substantive law allows us to know what behaviour is acceptable or not, and if behaviour is not followed the procedural law's process is to be followed if a substantive law is violated. In civil law the substantive law is where liability is measured, and the procedural part for in injured party is where they have requirements such as documents to be served and filed, and the time limit that must be met (Hoag, 2006, p. 8). Although both criminal and civil cases involve an argument concerning the rights and responsibilities of the people involved in a case, they are distinguishable. The Ontario Court of Appeal is in-charge of hearing civil and criminal appeals coming from Ontario Court of Justice and the Superior Court of Justice. The superior Court of Justice handles hearings of all jury trials and trials before a judge for a preliminary hearing of all cases related to civil matters, criminal law, and youth criminal justice matters. Bail hearings of other related the Ontario Court of Justice handles provincial cases and the issuance of provincial search warrants.
