Homicide offences are the most serious charges in the Criminal Code, carrying the heaviest penalties Canadian law can impose. If you or a loved one is facing a murder or manslaughter charge, you need experienced counsel involved at the earliest possible moment.
Culpable Homicide
Not every death caused by another person is a crime. Under the Criminal Code, homicide is only an offence where it is culpable — caused by means of an unlawful act, criminal negligence, or certain other circumstances set out in section 222. Culpable homicide is either murder, manslaughter, or infanticide. The distinction turns largely on the accused's state of mind.
The Degrees of Homicide
First-Degree Murder (s. 231)
Life — no parole for 25 yearsMurder that is planned and deliberate, the killing of a peace officer, or a death caused during certain other offences such as sexual assault, kidnapping, or forcible confinement. Carries a mandatory life sentence with no parole eligibility for 25 years.
Second-Degree Murder (s. 231(7))
Life — parole ineligibility 10–25 yearsAll murder that is not first-degree. The accused meant to cause death, or meant to cause bodily harm they knew was likely to cause death. Carries a mandatory life sentence, with parole ineligibility set between 10 and 25 years.
Manslaughter (s. 234, 236)
Up to life (4-year minimum if a firearm is used)Culpable homicide that is not murder — typically where the accused caused death through an unlawful act or criminal negligence but did not have the intent required for murder. There is no mandatory minimum unless a firearm was used.
The Difference Between Murder and Manslaughter
The line between murder and manslaughter is one of intent. Murder requires that the accused either meant to kill or meant to cause bodily harm they knew was likely to cause death. Where that intent cannot be proven beyond a reasonable doubt, a homicide may instead be manslaughter — a critical distinction, because manslaughter carries no mandatory life sentence and gives the court far broader discretion at sentencing.
Common Defences
Homicide trials are among the most complex in criminal law and frequently turn on expert evidence. An experienced defence team will examine every avenue, including:
- Identity: Challenging whether the Crown can prove that the accused, and no one else, caused the death.
- Lack of intent: Demonstrating that the mental element of murder is not made out, reducing the offence to manslaughter.
- Self-defence (s. 34): A complete defence where the accused acted reasonably to defend themselves or another.
- Provocation (s. 232): A partial defence that can reduce murder to manslaughter where the accused acted in the heat of passion caused by a sudden, wrongful act or insult.
- Charter violations: Unlawful searches, statements taken in breach of the right to counsel, and other Charter breaches can lead to evidence being excluded.
- Not criminally responsible: Where a mental disorder rendered the accused incapable of appreciating the act or knowing it was wrong.
Charged with a homicide offence?
The consequences could not be more serious, and the investigation begins immediately. Brass Law Office has extensive experience defending the most serious Criminal Code charges, working closely with leading expert witnesses. Call us right away.
This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.