Murder, Homicide, and Manslaughter Lawyer in Toronto

Section 222 of the Criminal Code of Canada defines homicide as the act of causing the death of a human being, either directly or indirectly, by any means. Homicide can be either culpable or non-culpable. Non-culpable homicide is not a criminal offence, while culpable homicide includes murder, manslaughter, and infanticide.

According to Subsection 222(5) of the Criminal Code, a person commits culpable homicide when they cause the death of a human being by:

• An unlawful act,
• Criminal negligence,
• Causing the victim to act out of threats, fear of violence, or deception, leading to death,
• Wilfully frightening a child or a sick person resulting in death.

Canadian law recognises different degrees of culpability within homicide. First-degree murder involves premeditation and planning, second-degree murder involves intentional killing without premeditation, and manslaughter involves unintentional killing due to reckless or negligent actions. Infanticide specifically pertains to the killing of an infant by the mother under certain conditions. This legal framework ensures that the punishment fits the level of intent and responsibility of the offender.

According to s. 231(2) of the Criminal Code, first-degree murder refers to a murder that is both planned and deliberate. A murder is considered planned if it was conceived and thought out before being carried out. For instance, a murder committed in the heat of an argument without prior intention would not be classified as planned. 

First-degree murders are typically premeditated and planned. They can also occur during the commission of other offences, such as sexual assault, kidnapping, killing of a peace officer, or taking a hostage.

A conviction for first-degree murder carries a mandatory life sentence without the possibility of parole for 25 years. In cases of multiple murders, the prosecution may seek consecutive sentences, extending the time before parole eligibility.

Section 229 of the Criminal Code of Canada defines second-degree murder as a culpable homicide that occurs under specific circumstances. This type of murder involves an intentional killing that is not pre-planned and does not fall under the category of first-degree murder.

Second-degree murder is characterised by an intent to cause death or bodily harm that is likely to result in death, demonstrating recklessness as to whether death ensues. It also covers situations where the death of a person occurs by accident or mistake while intending to harm another individual, as well as actions carried out for an unlawful purpose that are likely to cause death.

A conviction for second-degree murder results in a mandatory life sentence. However, the sentencing judge has the discretion to allow parole eligibility after 10 years, offering a potential for earlier release depending on the circumstances of the case.

Manslaughter is a form of culpable homicide that does not meet the criteria for murder. Unlike murder, which involves the intentional killing of a human being, manslaughter occurs when a death is caused without the specific intent to kill.

There are two main types of manslaughter:

• Unlawful Act Manslaughter: This occurs when a death results from a criminal act without the intention to cause death.
• Manslaughter by Criminal Negligence: This involves a death caused by gross negligence or a failure to perform a legal duty, leading to fatal consequences.

Manslaughter can occur under various circumstances, such as deaths resulting from other criminal activities, criminal negligence, or actions that unintentionally cause fatal outcomes.

Attempted murder is defined as the failed or aborted attempt to kill another person, requiring both an action and a specific intent to kill. To secure a conviction for attempted murder, the Crown must demonstrate that the accused took a direct step towards the killing, going beyond mere preparation and crossing into perpetration.

Crucial to a conviction for attempted murder is the proof of specific intent to kill, also known as subjective foresight. It is not sufficient for the Crown to prove that the accused intended to cause harm with the possibility of death. The Crown must show that the accused had a deliberate intent to kill at the moment the actions were taken, as anything less would violate the defendant’s Section 7 rights under the Charter. Demonstrating the accused’s specific intent to kill is essential for a conviction of attempted murder.

Understanding the distinctions between first-degree murder, second-degree murder, and manslaughter is crucial in recognising the varying degrees of intent and responsibility in homicide cases. Each type of murder carries severe penalties and specific legal definitions, reflecting the seriousness of taking a human life.