Sentencing for Manslaughter in Ontario

Crimes involving the death of another person in Canada lead to some of the harshest consequences under the Criminal Code.

Convictions for murder, manslaughter, and other crimes involving an individual’s death carry lengthy prison sentences and other life-changing penalties.

Manslaughter charges, and the accompanying sentences, are often misunderstood, so let’s look closer at the possible consequences of a manslaughter conviction in Canada.

Manslaughter and the Criminal Code

Section 222 of the Criminal Code deals with homicide-related crimes, which involve the death of another human being. Under these laws, homicide may be considered culpable (legally liable) or non-culpable (not legally liable).

Manslaughter is one of the culpable forms of homicide, along with murder and infanticide. However, unlike murder, manslaughter involves no intent (mens rea).

There are several distinct types of manslaughter in Canada, depending on whether the manslaughter is voluntary or involuntary.

Voluntary manslaughter

Voluntary manslaughter is when someone dies due to another person’s attempt to harm, but not kill them. For example, a bar fight that results in death when one of the parties hits their head on the pavement and subsequently dies.

Involuntary manslaughter

Involuntary manslaughter is when someone unintentionally kills another person without any intent. Their actions could be due to unlawful actions, negligence or recklessness and often result from actions of self-defence.

Involuntary manslaughter is further broken down into two types, depending on whether criminal activity occurred:

• Unlawful-act (constructive) manslaughter: For instance, if death resulted from actions that did not constitute murder (no intent to kill) but where dangerous actions that risked substantial harm, such as criminal assault or battery, occurred.
• Criminal negligence manslaughter: For instance, if an individual failed to exercise a reasonable standard of care and acted in a way that the average person would consider dangerous, due to grossly negligent or reckless behaviour.

The main criteria for manslaughter are:

• The death of a person caused by another person
• No intent or premeditation to kill by that person.

Examples of manslaughter in Ontario include:

• A defendant punched someone in a road rage incident after being attacked first—the victim fell, hit their head on the road, and died.
• A defendant recklessly fired a gun at a shooting range and accidentally killed an innocent bystander.

The main difference between manslaughter and murder is explained by the following:

• Murder involves the death of another person intentionally or with the intent to cause bodily harm that the person knows is likely to cause death.
• Manslaughter refers to any other culpable homicide that is not murder or infanticide, often occurring due to unlawful acts, negligence or recklessness or after provocation.

Manslaughter is sometimes confused with second-degree murder. With the latter charge, no planning is involved but there is intent to kill or cause serious harm. With manslaughter charges, the victim is accused of the death but without intent to kill or cause serious harm. The key difference is in the intent, and the lines can become blurred between these distinctions.

For instance, a defendant killed his fiancée after a heated exchange, where he was suddenly provoked and struck her with an object. He might be charged with second-degree murder if he intended to kill her or cause serious bodily harm that he knew was likely to cause death. If there was genuinely no intent to kill or cause serious bodily harm, a manslaughter charge may apply. It often requires a skilled criminal defence lawyer to argue the latter.

With first-degree murder, which is the most serious offence in the Criminal Code, the distinction from manslaughter is much clearer. The offence involves the premeditated intent to kill and often includes planning or deliberate acts in the lead-up to the murder. For instance, if the defendant purchased a gun, ammunition, and bags to hide the body in the day before the person he is suspected of killing died of a gunshot wound, defending a first-degree murder charge would be challenging.

Another major difference between murder and manslaughter charges is the associated sentencing. Both are indictable offences but the sentence imposed for a conviction will depend on multiple factors:

• The type of manslaughter charge: voluntary/involuntary.
• The degree of violence used and harm caused during the commission of the crime.
• Use of a firearm in the commission of the crime, which typically increases a sentence.
• Any other aggravating circumstances, such as abuse of power, extreme recklessness, etc.
• The vulnerability of the victim (an offence against a vulnerable victim may increase the sentence).
• The past criminal record and personal circumstances of the defendant.
• Any mitigating factors that must be considered.

Mitigating factors might include provocation, actions taken by the defendant in the aftermath of the incident (such as calling for medical assistance or giving aid at the scene), the remorse shown by the defendant, and no prior criminal record.

The maximum penalty for manslaughter is life imprisonment, as with murder. However, the maximum penalty is far less likely to be imposed in manslaughter cases.

No mandatory minimum sentences apply for standard manslaughter offences, but, regardless of the circumstances, most convictions result in significant terms of incarceration. The average sentence is around 6-8 years in Canada.

In cases involving firearms, a mandatory minimum punishment of four years of imprisonment results, and the offender’s parole eligibility and overall length of imprisonment may be impacted.

Generally, in manslaughter cases, one of the following defences will be presented:

• Self-defence: If a person causes the death of another person but their actions were necessary to defend themselves or another person from a threat and were proportionate to the perceived threat, a self-defence argument may be used.
• Duress: If the death resulted from actions taken under the threat of death or severe harm, the defendant can claim duress (they were not responsible for their actions).
• Mistaken identity: If an alibi proves that the defendant was not the person who committed the offence, this is a strong defence.

In murder cases, if the accused person had no intention to cause death or bodily harm and/or provocation can be proven, the murder charges may be reduced to the lesser charge of manslaughter.

To understand more about your legal rights and options if you’re facing a culpable homicide charge in Ontario, speak to a criminal defence lawyer in Ottawa during a free consultation.