Homicide offences are the most serious criminal cases under Canadian criminal law, especially those that result in murder charges. The laws apply nationally but murder cases are usually tried locally in the Calgary and Alberta courts.
All murder charges can result in lengthy prison sentences and other life-altering consequences, but there are different “degrees” of murder charges in Canada. The penalties vary mainly according to the level of planning and forethought involved in the murder.
Here’s what else you need to know…
How is murder defined under the Canadian Criminal Code?
Under the Criminal Code of Canada, homicide is defined as the act of indirectly or directly causing the death of another human being.
Non-culpable homicide is not considered criminal but culpable homicide is a serious criminal offence, due either to criminal intent or negligence by the accused. With culpable homicide, the associated criminal charges are either murder or manslaughter.
Manslaughter is the least severe of these charges because it is committed without the intent to kill. Murder, however, involves intent and is further classified as first-degree or second-degree in Canada. Unlike in the United States, no third-degree murder classification exists here.
The distinctions between the classifications are critical, as the legal consequences vary greatly, affecting both the length of sentence and the eligibility for parole.
First-degree murder
First-degree murder is the most serious offence in the Criminal Code. This charge usually means that law enforcement believes there is sufficient evidence that the accused deliberately killed an individual and engaged in forethought, preparation, and planning before doing so.
However, first-degree murder charges are automatically pursued in other special circumstances, such as:
- Contract murders, where money or anything of value is exchanged or promised for causing the death.
- Victims in authority, where the victim is an on-duty police officer, prison guard, or other public peace officer or prison employee acting in the course of their duties.
- Association with other offences, where the death is caused while the accused is committing or attempting to commit another serious indictable offence, including kidnapping, hijacking an aircraft, sexual assault, terrorism, etc.
- Criminal organization activity, where the death is related to a criminal organization.
Penalties for a first-degree murder conviction
A conviction for first-degree murder results in:
- A mandatory sentence of life imprisonment.
- No parole eligibility for 25 years.
If the defendant is aged between 12 and 17 at the time, the maximum sentence is 10 years’ imprisonment.
Second-degree murder
Second-degree murder charges require the same intent to kill or cause bodily harm as first-degree charges but the offence does not require premeditation.
Often, second-degree murder charges are pursued when a person is killed spontaneously or in the “heat of passion”, such as during a lover’s quarrel or a bar fight. No planning or forethought is associated with the murder and, for this reason, it is considered less serious than a first-degree case.
Penalties for a second-degree murder conviction
Second-degree murder convictions result in serious, life-changing consequences:
- A mandatory sentence of life imprisonment.
- Parole eligibility after 10-25 years, at the judge’s discretion.
If the defendant is between 12 and 17 at the time, the maximum sentence is seven years’ imprisonment.
Third-degree murder
The influence of U.S. media and TV causes some confusion, but in Canada, there is no official “third-degree murder” offence in the Criminal Code.
What many people call “third-degree murder” is generally understood to be manslaughter, also known as culpable homicide not amounting to murder.
The Crown prosecutes such cases as manslaughter when there is no intent to kill or when the required elements of murder (first or second degree) are not met.
Manslaughter often involves negligent behaviour, such as an individual showing a firearm to a friend without due care and attention, where the weapon discharges and kills the friend.
Key differences between first & second-degree murder and manslaughter
The following table summarizes the main differences between first and second-degree murder and manslaughter:
| 1ST-DEGREE MURDER | 2ND-DEGREE MURDER | MANSLAUGHTER | |
| Intent to kill | Required. | Required. | Not required. |
| Planning & deliberation | Required. | Not required. | Not required. |
| Prison sentence | Mandatory minimum of 25 years up to life in prison. | Mandatory minimum of 25 years up to life in prison. | No mandatory minimum unless a firearm was used. Maximum of life in prison. |
| Parole eligibility | 25 years. | 10-25 years. | Usually, after serving one-third of the sentence. |
How murder charges are prosecuted in Canada
For a first-degree murder conviction, the Crown prosecution must prove beyond a reasonable doubt that the accused considered their actions before carrying them out, rather than acting on impulse. Prosecutors do not need to prove that the plan took a significant amount of time or forethought.
Intent is central to all culpable homicide charges in Canada.
Specific intent vs. general intent
Specific intent is where the accused intended to perform an act with a particular objective in mind. This must be proven by the Crown prosecution to achieve a conviction for first-degree or second-degree murder. The prosecution will generally try to demonstrate either premeditated intent or reckless disregard for human life by the defendant.
General intent refers to the intention to commit an unlawful act without a specific purpose behind it. A killing without the specific intention to kill can still be charged as manslaughter, where the prosecution will try to prove that the accused engaged in conduct that resulted in death, regardless of their state of mind concerning the death itself.
Anyone accused of murder should seek immediate legal assistance from an experienced criminal defence lawyer to prevent the serious associated penalties.
Depending on circumstances, the main defence arguments may include lack of intent, self-defence, mental health considerations, or Charter violations.
Is “attempted murder” a criminal charge in Canada?
A charge of attempted murder may be laid if an individual has the clear intent to kill, but does not complete the act. This charge requires a deliberate and purposeful action with the specific intent of causing death.
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