Trigger Warning – The content herein may be triggering and disturbing to those who have experienced any form of violence in the past.
In Canada, homicide is considered one of the most serious offences that a person can be charged with, and the Canadian legal system takes these cases very seriously. We will explore the legal definitions of each offence under homicide and the potential sentences a person may face if convicted. Murder, manslaughter, and infanticide are the three main categories of homicide recognized by Canadian law.
As criminal law professionals, we understand the seriousness and complexity of homicide cases. In this blog, we will delve into the different types of homicide recognized under Canadian law. We hope that this blog serves as a valuable resource for legal professionals, students, and anyone interested in the intricacies of Canadian criminal law.
Murder
Murder is the most serious classification of homicide. It involves the intentional killing of another person, with malice aforethought, meaning that the person who committed the murder planned or intended to kill the victim. Under the Criminal Code of Canada, murder is divided into two categories: first-degree murder and second-degree murder.
First-Degree Murder
First-degree murder is the more serious of the two categories. It includes murders that are planned and deliberate, murders that are committed during the commission of certain other crimes (such as sexual assault or kidnapping), and murders of certain individuals (such as police officers or judges). First-degree murder is punishable by a mandatory life sentence with no possibility of parole for 25 years.
Second-Degree Murder
Although it is a less serious charge than first-degree murder, second-degree murder still involves the deliberate killing of another person. It is punishable by a life sentence, but the person convicted of second-degree murder may be eligible for parole after serving a minimum sentence of between 10 and 25 years, depending on the circumstances of the case.
It’s important to note that the definitions of murder and the specific charges and sentences associated with it may vary slightly between jurisdictions.
Manslaughter
In Canada, manslaughter is defined as the unlawful killing of another person without the intent to kill, which is often required for a charge of murder. Manslaughter is punishable by a maximum sentence of life imprisonment. Still, the person convicted of manslaughter may be eligible for parole after serving a minimum sentence of between 1 and 10 years, depending on the circumstances of the case.
Manslaughter can be either voluntary or involuntary.
Voluntary manslaughter occurs when the person who committed the act did so in the heat of the moment, without premeditation or intent to kill. This type of manslaughter may be charged when the person who committed the act was provoked or acted in self-defence, but the response was excessive or unjustified by the circumstances.
Involuntary manslaughter occurs when the person who committed the act did so through recklessness or negligence but did not intend to kill the victim. This type of manslaughter may be charged when the person who committed the act acted in a way that showed a wanton or reckless disregard for the safety of others, and their actions resulted in the death of another person.
Also Read: Five Traits To Look For When Hiring A Criminal Defence Lawyer
Infanticide
Infanticide is a specific classification of homicide that involves the killing of a newborn child. It is often treated differently than other types of homicide, as it may be perpetrated by the child’s mother and may be motivated by mental health issues or other extenuating circumstances.
The Criminal Code provides specific provisions for the charge of infanticide. Infanticide is defined as the killing of a child under the age of one by their mother while the mother’s mind is disturbed as a result of giving birth or the effects of lactation. A five-year prison term is the maximum punishment for infanticide.
In cases of infanticide, the person charged may be able to avoid a criminal conviction and instead be found not criminally responsible due to a mental disorder. It’s important to note that the definition of infanticide and the specific charges and sentences associated with it may vary slightly between jurisdictions.
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