Gavin Howe
Murder is illegal in Canada, and the Criminal Code outlines the various types of homicide, including murder, manslaughter, and infanticide. Murder is a type of culpable homicide, which is defined as the act of causing the death of another person with criminal intent. First-degree murder is a planned and deliberate killing, while second-degree murder is a deliberate killing without planning. Manslaughter, on the other hand, is a homicide where the offender did not intend to kill but acted with criminal negligence or committed an unlawful act that unintentionally caused death. The mandatory sentence for murder in Canada is life imprisonment, with varying parole eligibility periods, while manslaughter carries a maximum sentence of life imprisonment and a minimum of four years if a firearm was involved.
| Characteristics | Values |
|---|---|
| Homicide | The act of causing death to another person through any means, directly or indirectly |
| Murder | The most serious category of culpable homicide |
| First-degree murder | A planned and deliberate killing; a homicide that occurs during the commission of an indictable offence such as sexual assault, kidnapping, or high jacking; the killing of an on-duty police officer or prison employee |
| Second-degree murder | A deliberate killing that occurs without planning, such as in the heat of passion or during an argument |
| Manslaughter | A homicide where the level of intent is less than murder; a killing that occurs due to criminal negligence or an unlawful act |
| Infanticide | When a female causes the death of her newborn child by a wilful act or omission when her mind is disturbed due to the effects of giving birth |
| Youth offenders (12-17 years) | Maximum sentence of 10 years for first-degree murder, 7 years for second-degree murder, 3 years for manslaughter, and 2 years for infanticide |
| Adult offenders | Mandatory life sentence for murder with varying parole eligibility periods; minimum sentence of 4 years if a firearm is involved |
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First-degree murder
Murder is considered first-degree murder in Canada when it is planned and deliberate. A planned murder requires the accused to conceive of a plan before committing the offence. In other words, there must be premeditation. For example, a husband hires a contract killer to murder his wife. There must be deliberate contemplation as to the nature and consequences of the plan. The plan does not need to be complicated or considered far in advance. A deliberate murder requires the accused to think about their actions and the consequences of their actions. A deliberate murder is not one that has resulted from a sudden decision based upon impulse, emotion, or passion.
The Crown must prove beyond a reasonable doubt that the accused planned and deliberately killed the victim. The judge or jury must also be convinced that the accused's actions were essential to the killing. First-degree murder carries an automatic life sentence with no possibility of parole for 25 years. The minimum sentence is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years.
If the accused was between 12 and 17 years old at the time they were charged with murder, the maximum sentence is 10 years for first-degree murder.
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Second-degree murder
Murder in Canada is defined by the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Homicide, which includes murder, is the act of causing the death of another person through any means, directly or indirectly. Homicide can be culpable or non-culpable, with the former being unlawful. Murder is the most serious category of culpable homicide.
First-degree murder, on the other hand, is a homicide that is planned and deliberate, such as a contract killing. Premeditation is the key difference between first and second-degree murder. First-degree murder also includes killings committed during the course of another indictable offence, such as a sexual assault, kidnapping, or hijacking. Additionally, the killing of an on-duty police officer or prison employee is automatically considered first-degree murder.
The mandatory sentence for any adult convicted of murder in Canada is life imprisonment, with various time periods before parole eligibility. For second-degree murder, an offender must serve a maximum of seven years, with a maximum of four of those years spent in custody. For first-degree murder, the minimum sentence is life imprisonment with no parole for 10 years, but sentences can be as long as life imprisonment without parole for 25 years.
It is important to note that the sentencing regime for adults does not apply to youths unless they are sentenced as adults. Youths convicted of murder face different sentencing depending on their age and whether they are sentenced as adults.
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Manslaughter
In Canada, homicide is the act of causing the death of another person through any means, directly or indirectly. Homicide can be culpable or non-culpable, with the former being unlawful under the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, followed by manslaughter and infanticide.
A murder charge can be reduced to manslaughter if the perpetrator's mental faculties were impaired by alcohol or other substances. Additionally, culpable homicide that would otherwise be considered murder may be reduced to manslaughter if committed in the heat of passion caused by sudden provocation.
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Infanticide
Homicide in Canada is defined as causing the death of another person through any means, directly or indirectly. Murder is the most serious category of culpable homicide, with manslaughter and infanticide also falling under this umbrella. Infanticide is a separate crime from murder in Canada, with a maximum sentence of five years in prison and no minimum term.
The infanticide law, which dates back to 1948, applies when a mother kills her newborn while her mind is disturbed as a result of the effects of giving birth. This includes the impact of lactation. The law was designed to impose uniformity on legal practice and ensure a homicide conviction, as juries were initially reluctant to convict women of murder due to the associated death penalty.
The law has faced criticism and calls for its repeal, with some arguing that it is based on the questionable premise that childbirth reduces a woman's moral capacity and responsibility. Between 1977 and 2010, 86 women in Canada were charged under this law.
In one notable case, a woman in Alberta, Katrina Effert, was initially convicted of second-degree murder and sentenced to life in prison for killing her newborn in 2005. However, the conviction was overturned, and she ultimately received a three-year suspended sentence, resulting in no prison time. The judge, Joanne Veit, acknowledged the grief of Canadians over the infant's death but also expressed sympathy for the mother.
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Youth sentencing
In Canada, homicide is the act of causing the death of another person. It can be culpable or non-culpable, with the former being unlawful under the Criminal Code. Murder is the most serious category of culpable homicide, followed by manslaughter and infanticide. All forms of culpable homicide require some form of intent or criminal negligence.
The Youth Criminal Justice Act (YCJA) sets out the maximum penalties for youth crimes. Youth sentencing for murder is less severe than the maximum sentences given to adults for the same offence. The maximum youth sentence for first-degree murder is 10 years, with a maximum of six years in custody and the remainder in the community with conditions and under supervision. For second-degree murder, the maximum sentence is seven years, with a maximum of four years in custody.
A youth convicted of homicide could receive the same maximum sentence as an adult, although they will be eligible for parole much earlier. A youth serving a youth sentence for murder would have their records sealed after serving their sentence and would not be on parole for life. The YCJA does not apply if a youth is sentenced as an adult. A youth can, but is not required to, receive an adult sentence if they were at least 14 years old at the time of the offence. In British Columbia, a youth aged 14 to 17 can be sentenced to prison for life for murder.
To sentence a youth as an adult, the Crown must satisfy the youth court judge that a sentence under the YCJA would not be sufficient to hold the offender accountable for their criminal conduct. The Crown must also convince the Court that the presumption of diminished moral blameworthiness or culpability of the young person is rebutted.
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Frequently asked questions
First-degree murder is a planned and deliberate killing, or a homicide committed while attempting to commit an indictable offence. Second-degree murder is a deliberate killing that occurs without planning.
The mandatory sentence for murder in Canada is life imprisonment, with varying periods before parole eligibility. For first-degree murder, there is no chance of parole for 25 years. Second-degree murder has a maximum sentence of seven years, with a maximum of four years in custody.
Murder involves intending to cause death or bodily harm that the offender knows is likely to cause death. Manslaughter is a killing without the intention to kill or cause significant bodily harm.
