Criminal Code of Canada - section 11 - Civil remedy not suspended

section 11

INTRODUCTION AND BRIEF DESCRIPTION

Criminal offenses do not suspend or affect civil remedies for the same act or omission.

SECTION WORDING

11. No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

EXPLANATION

Section 11 of the Criminal Code of Canada is an important provision that ensures that criminal behaviour does not exempt individuals from civil liability. The section states that a person who commits a criminal offence can still be held responsible for any harm or damage caused as a result of their actions or inactions, regardless of whether they are charged with a criminal offence or not. This provision safeguards the rights of victims of crimes who may wish to pursue civil remedies in addition to criminal charges. For example, if an individual is injured or suffers financial loss as a result of a criminal activity, they can seek compensation through a civil lawsuit. Section 11 reinforces the fact that criminal offences and civil liability are separate legal concepts and that one does not affect the other. Furthermore, the provision emphasizes that criminal sanctions do not provide a complete remedy for victims of crimes. Criminal penalties, such as fines or imprisonment, may punish the offender, but they do not necessarily provide restitution to the victim. Civil remedies, on the other hand, may provide financial compensation or injunctive relief to the victim, which can be critical to their recovery and well-being. In summary, Section 11 of the Criminal Code of Canada guarantees that individuals who commit criminal offences are still subject to civil liability for any harm or damage they cause. This provision ensures that victims of crimes have access to both criminal and civil remedies, and that criminal sanctions do not exempt individuals from being held accountable for their actions or omissions in civil courts.

COMMENTARY

Section 11 of the Criminal Code of Canada is a vital provision that stipulates that no civil remedy for an act or omission is affected or suspended by the fact that the act or omission constitutes a criminal offense. This provision is essential as it seeks to ensure that criminal offenders still face civil liability for their wrongful actions, despite facing criminal charges. This section of the code has far-reaching implications, and its application has been evident in several legal cases in Canada over the years. The provision in section 11 of the Criminal Code seeks to ensure that perpetrators of crimes cannot escape liability by virtue of their actions constituting criminal offenses. In many cases, criminal suspects may face criminal charges for their actions, but they may also face civil liability if they cause harm to a victim. For example, in a case where a driver causes an accident while under the influence of alcohol, the driver may be criminally charged with impaired driving, but they may also face civil liability for the damages suffered by the victim. Section 11 ensures that even if the driver is acquitted of the criminal charges, they may still be held liable for the damages under civil law. This section of the Criminal Code also ensures that victims of crime have recourse to seek redress for the harm they suffered, regardless of whether the offender faces criminal charges or not. In situations where prosecutors may not have enough evidence to secure a criminal conviction, victims can still file a civil suit and obtain compensation for the harm done to them. This ensures that victims are not left without any legal remedy to pursue their claims for compensation and damages. Additionally, section 11 protects the rights of victims to bring civil claims against perpetrators of crimes, even if the criminal proceedings are still ongoing or have concluded. This provision ensures that the two types of proceedings operate independently of each other, and victims can pursue compensation for the harm they have suffered without waiting for the outcome of the criminal case. Furthermore, this provision also ensures that the outcome of the civil proceedings does not affect the proceedings of the criminal case. It is also important to note that section 11 does not create any obligations on the part of offenders to compensate victims. Rather, it only ensures that the criminal proceedings do not affect the rights of the victims to pursue compensation for their damages. It is the responsibility of the victims to pursue their claims through the civil courts, and they must prove their case and the extent of the harm suffered. In conclusion, section 11 of the Criminal Code of Canada is a crucial provision that protects the rights of victims of crime to seek compensation for the damages they have suffered. This provision ensures that civil remedies are not affected by the fact that the act or omission constitutes a criminal offense. It is fundamental to ensuring that perpetrators of crimes, whether convicted or acquitted, are held accountable for their actions, and victims are not left without the means to seek redress for the harm they have experienced.

STRATEGY

Section 11 of the Criminal Code of Canada is an important provision that ensures victims of criminal offences have access to civil remedies, despite the existence of a parallel criminal case. This provision's language is clear and straightforward, stating that criminal offences do not suspend or affect civil remedies for an act or omission. While seemingly simple, there are several unique strategic and tactical considerations when dealing with this section of the Criminal Code. One significant consideration is timing. It is crucial to consider the timing of the civil case's filing and any criminal proceedings underway. A civil case can proceed regardless of whether an accused person has been charged with a crime. It is not necessary to wait until criminal proceedings are complete or a conviction is obtained before claiming damages in a civil action against the accused. This means that a strategic plaintiff may file a claim early in the process to seize assets, secure evidence, and protect their interests may be part of an overall strategy. Another strategic consideration is that criminal proceedings can create a risk of prejudice against the defendant in any civil case. The evidence provided in a criminal proceeding can create a perception of guilt in a civil trial, leading to an unintended bias against the defendant. In such cases, the defendant's attorney may seek an order from the court to stay the civil proceedings or delay them until after the criminal trial. Alternatively, the defendant may offer a settlement to the victim to settle both the civil and criminal cases, which could be an advantage to both parties. Another consideration is the burden of proof. In criminal cases, the prosecution must prove their case beyond a reasonable doubt, while in civil proceedings, the plaintiff needs only to prove the case on the balance of probabilities. Evidence obtained from the criminal case may not necessarily be admissible in a civil case and a strategic plaintiff may seek to have the evidence collected independently introduced to the civil court. This may be especially useful if the evidence is particularly damaging or could be considered a bias to a judge or jury. Other strategic considerations include the use of discovery processes, alternative dispute resolution, and the selection of the proper court to file a civil claim. Discovery can reveal additional evidence in support of a claim, while alternative dispute resolution techniques, such as mediation, can lead to lower-cost alternative outcomes. The selection of the right court may also provide an advantage to the plaintiff, such as a court with specific expertise in dealing with cases involving the particular facts of the claim. In conclusion, section 11 of the Criminal Code of Canada is a crucial provision that allows victims to pursue civil remedies despite the existence of a criminal charge or proceeding. It is essential to consider various strategic and tactical factors when dealing with this provision, such as timing, burden of proof, availability of evidence, alternative dispute resolution, and choice of court. A strategic approach can help the victim achieve a satisfactory outcome and ensure fair compensation for the damages caused by the criminal act or omission.