Murder is one of the most serious crimes in the Criminal Code, with life-changing consequences for anyone convicted of it.
Just how long these consequences last depends on whether the murder is classed as first-degree or second-degree. Sometimes, too, murder charges can be downgraded to manslaughter.
What are the essential differences between first-degree murder, second-degree murder, and manslaughter in Ontario?
Let us find out…
Murder or manslaughter in Ontario?
Intention is an essential component of violent crimes in Canada. This means that the mental state of the accused—as well as the full circumstances of the alleged crime—must be carefully assessed by judges and juries before deciding on the guilt or innocence of an accused person.
The basic difference between murder and manslaughter is that murder is intentional whereas manslaughter is unintentional. Understanding what was going through the defendant’s mind when the victim died is extremely challenging, making murder and manslaughter trials extremely complex.
Witness testimony, physical evidence, post-mortem examinations, and expert professional opinions may be required before the intent of the accused can be properly assessed.
The difference between finding someone guilty of manslaughter and murder is vast in terms of the penalties and the stigma associated with the offences.
Acts of manslaughter are generally considered accidents without the intent to kill the victim. Often, something happens that is out of the defendant’s control, causing fatal consequences. Examples of manslaughter include the following:
- Accidentally killing a jaywalking pedestrian while driving recklessly
- Using a firearm recreationally and accidentally killing a bystander
- Using excessive force against an intruder (self-defence)
In the above cases, if the defendant intended to kill the victim, the charge is likely to be murder—but whether it is classed as first- or second-degree murder depends on other factors.
Murder charges in Ontario
Murder is more complex than simply situations where the offender intends to take the life of another person. Under the Criminal Code of Canada, murder charges can be filed if an individual:
- Means to cause the death of the other person;
- Means to cause bodily harm that he knows is likely to cause death, and is reckless as to whether death is caused or not;
- Means to cause death or bodily harm that he knows is likely to result in the death of one person but ends up killing someone else; or
- Does something he knows or ought to know may cause death (even if death is not intended) while committing an offence.
What is the difference between first-degree murder and second-degree murder?
The main factor that separates first-degree and second-degree murders is the level of planning, conspiring, and/or pre-meditation in the act.
If the accused intended to kill the victim and planned it, he is likely to be charged with first-degree murder. If he intended to kill the victim but no planning occurred (i.e., the victim was intentionally killed in the heat of the moment), it’s likely to be a second-degree murder charge.
Let us take a closer look…
First-degree murder
First-degree murder is the most serious charge. It includes acts that:
- Are planned and deliberate
- Involve contracted murder, the murder of any peace officer performing his duties, hijacking, sexual assault, kidnapping, terrorism, criminal harassment, criminal organizations or intimidation.
So, although first-degree murder is usually associated with planning and premeditation, the Criminal Code automatically includes acts that occur during the commission of several other offenses even if the act is not planned or deliberate—and includes the murder of any peace officer in the course of his duties (including police and prison officers).
A conviction for first-degree murder results in life imprisonment with parole eligibility after 25 years—with good behavior and an interest in rehabilitation. Offenders remain on parole for the remainder of their lives upon release.
Second-degree murder
A murder that does not meet the definition of first-degree murder is deemed to be a second-degree murder, which also carries an automatic life sentence in Ontario.
However, the minimum term of imprisonment for second-degree murder before an offender is eligible for parole is 10-25 years. This is at the discretion of the judge but is usually closer to 10 than 20 years in Ontario. Anyone convicted of second-degree murder with a previous murder conviction must serve 25 years before parole eligibility.
Like with first-degree murder, offenders remain on parole for the remainder of their lives after release.
Attempted murder
If an offender intended to kill another person but that person survived the attack, he can be charged with attempted murder.
Attempted murder is an indictable offense that can result in a maximum sentence of life in prison. Parole eligibility for attempted murder depends on the sentence and the type of weapon used.
Manslaughter charges in Ontario
Manslaughter in Canada is any “culpable homicide” that does not meet the definition of murder (i.e., it was not intentional).
“Culpable homicide” is defined as when an individual causes the death of another human being by:
- Means of an unlawful act;
- Criminal negligence;
- Causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
- Wilfully frightening that human being, in the case of a child or sick person.
In basic terms, manslaughter charges may be filed against an offender who does something wrong that results in another person’s death without any intention to kill or cause significant bodily harm that could knowingly result in death.
Sentencing for manslaughter offences varies considerably. No minimum prison time is imposed unless a firearm is used (four years) and no set period must pass before parole eligibility. Life imprisonment is still possible for manslaughter, however, in which case the offender would be eligible for parole after seven years.
Can murder charges be reduced to manslaughter?
One strategy that may be available to a criminal defence lawyer is to bargain a murder charge down to manslaughter, thereby avoiding the most severe sentencing.
It can be challenging for the prosecution to prove the mindset of someone accused of killing another person, so this strategy may be successful if it is deemed in the public interest and the defence lawyer is skilled enough.
Under Section 32 of the Criminal Code:
“Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.”
In such cases, the accused pleads guilty to manslaughter to escape the murder charge.
To understand your legal options with a murder charge, speak to one of our criminal defence lawyers in Ottawa during a free consultation.