Section 1 - Nature and Function of Law

Lesson 4 - Private and Public Law

Private law refers to Civil Law, the law that governs relationships between individuals. In contrast, Public Law refers to Criminal Law, the law that governs the individual's relationship to the government.

For example, suppose a drunken driver has caused the death of an individual. The police, acting for the government, may arrest and charge the driver. These charges would be laid under the Criminal Code, a statute enacted by the federal Parliament in 1892 and amended frequently since.' The Criminal Code, a segment of public law, would apply because the driver's action is regarded as a wrong against the whole community, deserving punishment through the criminal law process.

In serious criminal charges, the accused is entitled to ask for a jury trial. If convicted, he or she can be sentenced to pay a fine and/or serve a jail term. The fine would not go to the victim's family, but to the state; the criminal process focuses on punishing the accused, not compensating the victims of crime.

The victim's family could, however, also file a civil action - a lawsuit - for damages. They would be exercising their rights under private law. If the family (called the plaintiff in this case) can prove that the person being sued (the defendant in this case) committed a serious wrong against them, the court can then order that person to pay compensation for any suffering or economic loss the plaintiffs have endured, including the plaintiffs' legal costs.