When a wrongful death in Halifax is caused by a criminal act, two completely separate legal processes occur: a criminal investigation by the police leading to a Crown prosecution, and an independent civil lawsuit filed by the victim’s family. You can still win compensation in civil court even if the accused is found “not guilty” in criminal court.
When a loved one is killed due to the reckless or intentional actions of another, the grief is often compounded by anger. In cases involving impaired driving, criminal negligence, or homicide in Halifax, the justice system operates on two distinct tracks. The criminal justice system seeks to punish the offender, while the civil justice system exists to financially compensate the surviving family. Navigating these overlapping systems can be confusing and overwhelming. This guide explains how the Halifax Regional Police (HRP), the RCMP, and civil lawyers work in parallel to address a criminal wrongful death. 📍
Step-by-Step Process in Halifax, Nova Scotia
The most important concept to understand is the differing “burden of proof.” In a criminal trial, the Crown counsel must prove the accused is guilty “beyond a reasonable doubt” to secure a conviction for an indictable offence. In a civil lawsuit at the Supreme Court of Nova Scotia, your lawyer only needs to prove the defendant is liable on a “balance of probabilities” (meaning it is more than 50% likely they are at fault). Because the civil standard is lower, many families consult a local law firm from our directory to seek justice regardless of the criminal outcome.
Step 1: The Criminal Investigation
Immediately following a fatal incident, local law enforcement (either the Halifax Regional Police or the local RCMP detachment) will take control of the scene. They will gather forensic evidence, interview witnesses, and determine if criminal charges are warranted. During this phase, the family’s primary contact is usually a victim services officer. It is crucial to let the police handle this step without interference, as preserving the integrity of the criminal investigation is paramount. 🚨
Step 2: Criminal Prosecution by the Crown
If charges are laid, the Public Prosecution Service of Nova Scotia (the Crown counsel) will prosecute the offender. The family of the deceased does not “press charges” or hire the prosecutor; the case is brought by the state. You may be called to testify or provide a Victim Impact Statement at the Halifax Provincial Court. The criminal process focuses entirely on determining guilt and assigning punishment, such as jail time or driving prohibitions, not on providing you with comprehensive financial support.
Step 3: Initiating the Civil Lawsuit
You do not have to wait for the criminal trial to end before starting your civil claim. In fact, due to the strict two-year limitation period under the Nova Scotia Limitation of Actions Act, your lawyer must often file the civil lawsuit while the criminal case is still ongoing. Your lawyer will name the responsible individual (and potentially their insurance company or employer) as a defendant, seeking damages under the Fatal Injuries Act for loss of financial support and loss of companionship. 📝
Step 4: Leveraging Criminal Evidence in Civil Court
While the civil and criminal cases are separate, they deeply influence each other. If the offender pleads guilty or is convicted of an indictable offence (such as dangerous driving causing death), your civil lawyer can use that conviction as absolute proof of liability in your civil lawsuit. This usually forces the defendant’s insurance company to settle the claim quickly. If they are acquitted criminally due to a technicality, your lawyer can still use the police reports and breathalyzer data to win the civil case based on the lower burden of proof.
How Much Does it Cost in Nova Scotia?
The criminal process is fully funded by the state, while the civil process relies on private legal representation.
| Process Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Criminal Prosecution | Free for the family | The Crown counsel represents society; the family pays nothing for the criminal trial. |
| Criminal Restitution Order | Varies | A criminal judge may order the offender to pay basic out-of-pocket costs (like funeral fees), but this is rare and limited. |
| Civil Lawsuit (Lawyer Fees) | 30% – 33% of settlement | Civil lawyers work on a contingency basis, recovering full economic and emotional damages for the family. |
| Civil Disbursements | $3,000 – $10,000+ CAD | Costs for expert witnesses, accident reconstruction, and obtaining thick police files for the civil trial. |
How Long Does the Process Take?
When a wrongful death involves criminal charges, the timeline is significantly extended. Criminal investigations and trials in Nova Scotia can easily take 2 to 3 years to conclude, especially if the defence aggressively fights the charges. During this time, the civil lawsuit will be filed to protect your rights but may be temporarily paused (stayed) pending the outcome of the criminal trial. Consequently, it is common for a civil wrongful death claim involving an impaired driving or homicide conviction to take 3 to 5 years before the surviving family receives their financial settlement. ⏱️
Frequently Asked Questions (FAQ)
Is it considered ‘double jeopardy’ to sue someone after a criminal trial?
No. Double jeopardy only applies to being tried twice in the criminal justice system. A civil lawsuit is a completely separate legal mechanism aimed at financial compensation, not criminal punishment, so you are fully permitted to sue regardless of the criminal verdict.
How do we collect money if the offender goes to jail?
If the death was caused by a motor vehicle accident, the compensation is usually paid by the offender’s auto insurance policy, regardless of whether they are incarcerated. If it was an intentional act (like an assault), collecting money can be very difficult unless the offender has significant personal assets.
Will the insurance company cover an intentional murder?
Generally, no. Home and auto insurance policies usually contain exclusion clauses for deliberate, intentional criminal acts. If the death was intentional, your lawyer will have to explore other avenues, such as the Nova Scotia Criminal Injuries Counselling program or pursuing the offender’s personal assets.
Should we talk to the defendant’s lawyer?
Absolutely not. You should never speak to the offender’s criminal defence lawyer or their civil insurance adjuster without your own legal representation present. Anything you say could be twisted and used to undermine your civil claim.
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