The development of Canadian legislation
The development of Canadian legislation has a long history. The question of whether people are naturally virtuous or bad is one of the most divisive issues in the legal system. The fact that there are so many federal rules, nearly 90,000 in Canada, and that courts run continuously are signs that society has a fair share of evil eroding from humanity. This idea sparked the creation and application of two general categories of laws: civil laws for resolving disputes between private parties and criminal laws for crimes and wrongdoing against the state. (Heller & Dubber 2011). Humanity also seems to be submitting to political laws more and more, disregarding civil and criminal laws. This acquiescent has resulted in the many offenses and criminal activities happening in our society leading to the offenders receiving severe punishments as the law takes its course.
Thesis
Most of the legal concepts and systems have changed over the years in Canada hence resulting to advancements and amendments in both civil and criminal laws. Offenders and criminals face court cases that deliberate on rulings in reference to the Canada's Legal Codes of Conducts. Canada being a former colony of Britain has its legal systems' foundation on the British Common Laws. I will discuss how the Canadian law has evolved and advanced to cater for the new changes and trends including the similarities and difference of civil and legal law for the purposes they serve thus proving for the need and importance of both the legal systems.
Body
History of Canadian Civil and Criminal law
The history of the Canadian civil and criminal law is traced from the English Common System (Russell, 2007). The inheritance of the law from the United Kingdom is the fact that Canada was a former colony of Britain before the country gained full independence and thus a member of the Commonwealth Countries. In 1978, a system of written proposed Canadian law by James Stephen went up to the Second Reading in Britain's National Assembly but did not pass beyond this stage. Later, the Prime Minister, Sir John of Canada, a province by then, became adamant on his country using inherited laws and started endeavoring on how the Province will get its jurisdictional set of laws. The leader also lent a hand in Canada developing its constitution giving the sole authority to the federal administration to develop and enforce civil and criminal laws.
The Canadian Constitutional Act of 1967 gave parliament legal authority of making and amending set regulations regarding the criminal and civil law. This privilege provided the Canadian government with authority to develop laws that pertain to criminal offenses and procedures of convicting the offenders (Dyck, 2012). The modification and amendment of most of the criminal laws made the country to develop civil laws early in the 20th Century. The country could now make rules and regulations within its confinement and enforce them by imposing fines, penalties, and imprisonments on those who did contrary on the constitution requirements. The recent promulgation of the Civil Code of the Quebec in 1994 marked an important event in the history of the Civil and Criminal Law in Canada. The Quebec primary intention was to update the laws that had been in place for more than 120 years and demonstrated how different laws have adapted to the changing needs of the society with time.
Similarities Between Canadian Civil and Criminal Law
Correlation with the Canadian Constitution
The Canadian civil and criminal law involve violation of the set laws and regulations contained in the national constitution. The country has a legal constitution with a set of laws and policies that govern how individuals should conduct themselves under different situations, when faced with challenges, and when in disputes. All these lawful guidelines fall under two categories of civil and criminal laws in the constitution with consequences provided for to those breaking them (Hall, 2006). Criminal and civil cases are resolved in court with an officer from the judiciary presiding over when a law is broken. Both the cases require a legal representative responsible for providing the court with an order. To add on, both the cases require analysis and judgment based on the laws and the presented evidence.
Equal Treatment of Victims and Plaintiffs
In both criminal and civil law monetary option provided for to offer relief of the victim. The ability to correct the case depends on the capability of the defendant to raise the expected amount or offer the property for the payment of the fine or penalty (Galligan, 1996). Depending on the financial status of a person, one can enforce both civil and criminal cases through an attorney by expelling the defendant pay for the restitutions for the losses that may have resulted from an illegal damage or suffering the plaintiff may have encountered. Additionally, in Canada, both civil and criminal laws allow for the victim of an offense to let the prosecutor have the properties of the defendant forfeited.
Defense of the Lawyer
One is entitled to be represented by a lawyer in both criminal and civil laws in Canada. In civil lawsuits, organizations and companies may cater for hiring a lawyer for plaintiff or defendant or the individual may decide to hire a personal attorney (Bassiouni, 2008). On the other hand, a person may allow the court to hire a lawyer for the presented lawsuit. Charges for hiring an attorney varies according to nature and the duration the court case may take.
Differences between Civil and Criminal Law in Canada
Aims of the laws
Canada enacted criminal laws that target to maintain the welfare of people and the state and between individuals. Therefore, when one breaks a criminal law undergoes through a criminal case and if found guilty is charged as an offender. These laws and their consequences are outlined in the Criminal Code of Canada. On the contrary, civil laws aim at resolving conflicts among private individuals (Devine et al., 2001). An individual may include a person, company, or an organization. People who break civil laws face civil cases until a solution is found among the conflicting parties. Among the case involved include suing of one another, compensations for injuries, and violation of contracts.
Case Trials Involving Civil and Criminal Law
In Canada, cases about criminal laws require only a judge or with the inclusion of the jury. In a case involving the jury, 12 jurors should be present to critically analyze and scrutinize the case to have an effective deliberation on the ruling by the judge. If a decision is not reached at, the scenario is known as the Hang Jury, which paves the way for a fresh trial to occur. It is also vital to note that the jury does not offer a sentence to the offender, but the prosecutor or the judge does it (Renaud, 2006). Conversely, cases that involve civil laws only require the prosecutor alone in conducting the trials and giving the ruling. However, the parties involved may ask for a jury. In an instance where the jury has been requested for, there should be at least eight members with only six deciding on the fate of the defendant. The recommendations on the amount of money and the restitutions are also the duty of the jury.
Judging Civil and Criminal Law Breakers
Any person breaking a criminal law goes through a criminal trial. The prosecutor has the mandate of convicting the offender after the trial finds the person guilty. The judge follows the regulations for giving sentences and judgments contained in the Criminal Code of Canada. In some cases, the judge may decide to impose a fine, penalty, or reimbursement but the most common judgment is sending the offender to probation or in jail (Russell, 2007). On the other hand, in a civil lawsuit, the judge relies heavily on what the jury will advocate to be done. The recommendations are mostly payment of the damages that were incurred. Civil laws are mainly applied in cases that involve payment of the money among the engaged parties and compensation of losses.
Conclusion
Conclusively, Canada legal system borrows most of its laws from the British Common Law Tradition. Both criminal and civil laws are rules and regulations that are legal and codified in Quebec set Principals through a promulgated constitution of the country. The world is increasingly becoming global and complex and thus more forms of ill activities, crimes, and disputes increasing each day. All these criminal activities and misunderstandings differ from the people to the situation involved thus calling for different approaches towards resolving the cases. It is out of these conditions that create the need for civil and criminal laws not only in Canada but also in the rest of the nations globally. For these reasons, civil laws are vital for effective solving of cases involving private individuals and the criminal laws finding solutions among cases states and individuals.
References
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