Homicide

A conviction on a homicide charge, whether for first degree murder, second degree murder, manslaughter, or related charges, will result in severe penalties including the very real possibility of life in prison. If you are under investigation or have been charged with any type of homicide, your life is literally on the line. It is vital that you retain a skilled and aggressive criminal defence lawyer like the lawyers from Eisen Dyer LLP to ensure that all of your legal rights are protected. 

Understanding homicide law in Canada

Homicide is the taking of another person’s life. While most people equate the term homicide with murder, homicide in Canadian law includes first degree murder, second degree murder, manslaughter, infanticide, criminal negligence causing death, impaired driving causing death, and dangerous driving causing death.

Canadian law recognizes that there are differing degrees of culpability on the part of a defendant when charged with murder, and so Parliament has created different categories of murder.

First Degree Murder

First degree murder is a homicide that is both planned and deliberate. This requires evidence that the accused planned to kill someone and took affirmative steps to execute that plan. Where the prosecution has proven a taking of a life but has not proven that the killing was planned and deliberate, then possible verdicts could still be a finding of guilty to second degree murder, a finding of guilty to manslaughter, or an outright acquittal if the killing was accidental and the accused was not criminally negligent in their actions.

Additionally, some murders, for example the murder of a police officer, are always treated as first degree murder. A homicide may also be prosecuted as a first degree murder if it was committed during the execution of another serious crime such as kidnapping, hijacking, sexual assault, hostage taking, terrorism, forcible confinement, criminal harassment, or any crime committed on behalf of a criminal organization. A conviction for first degree murder carries with it an automatic life sentence with no chance of parole for 25 years.

Second Degree Murder

Second degree murder is an intentional killing which generally takes place in the heat of the moment and was not planned and deliberate. It can also encompass circumstances where, while there was not an intent to kill, there was an intent to cause serious bodily harm and the accused knew that such bodily harm might nevertheless cause a death. Second degree murder also carries with it an automatic life sentence, although the judge can set parole eligibility at somewhere between 10 and 25 years.

Manslaughter

Manslaughter is where a killing took place in circumstances where there was an intent to commit a criminal offence which unfortunately resulted in a death, notwithstanding that death was not intended. Some common types of manslaughter are unlawful act manslaughter or manslaughter by criminal negligence. While a manslaughter conviction can carry a life sentence, there is no minimum sentence involved and there have been cases where a conviction for manslaughter has resulted in no jail, although usually a considerable jail sentence follows a manslaughter conviction.

Eisen Dyer LLP’s experienced lawyers provide aggressive defence against all homicide charges. If you’ve been charged with a homicide, a highly skilled criminal defence lawyer may be the only thing standing between you and a lifetime in prison. Eisen Dyer LLP will work with you to protect your rights, explore your options, and prepare the most effective possible defence in your case.