What Homicide Offences Charges Mean in Ontario
Homicide charges are the most serious in Canadian criminal law. They require immediate, experienced representation:
- First Degree Murder (s. 231) - Planned and deliberate killing, or murder of certain protected persons (police, prison guards)
- Second Degree Murder (s. 231) - Intentional killing that is not planned and deliberate
- Manslaughter (s. 234) - Culpable homicide that is not murder (no intent to kill, or provocation)
- Criminal Negligence Causing Death (s. 220) - Death caused by wanton or reckless disregard for safety
- Infanticide (s. 233) - Mother killing newborn child while disturbed
The distinction between murder and manslaughter often turns on intent - a critical factual and legal issue.
Potential Penalties & Consequences
First Degree Murder:
- Automatic life imprisonment
- No parole eligibility for 25 years
Second Degree Murder:
- Automatic life imprisonment
- Parole eligibility between 10-25 years (set by judge)
Manslaughter:
- No minimum (unless firearm involved, then 4-7 years minimum)
- Maximum: Life imprisonment
Criminal Negligence Causing Death:
- Maximum: Life imprisonment
Parole eligibility does not mean release - it means the ability to apply for parole.
How We Defend Homicide Offences Cases
What Happens After an Arrest
Homicide investigations are intensive:
- Arrest: Typically immediate detention with bail denial in most cases
- Detention: Reverse onus bail hearing - you must show why detention is not justified
- Disclosure: Extensive - forensics, autopsy reports, witness statements, surveillance, cell records
- Expert Evidence: Pathology, DNA, blood spatter, digital forensics often involved
- Preliminary Inquiry: May be held to test the Crown's evidence
- Trial: By judge alone or judge and jury (jury for murder)
Contact a lawyer immediately. Do not speak to police without legal counsel present.
Frequently Asked Questions
What is the difference between murder and manslaughter?
Murder requires intent to cause death or bodily harm likely to cause death. Manslaughter is an unlawful killing without that specific intent - for example, an assault that unexpectedly results in death, or a killing in the heat of passion (provocation).
Can I get bail on a murder charge?
It is difficult but possible. Murder charges involve a reverse onus - you must show why detention is not justified. Factors include strength of the Crown's case, ties to the community, and criminal history. A strong bail plan is essential.
What is criminal negligence causing death?
This charge applies when death results from conduct showing wanton or reckless disregard for the lives or safety of others. It's often charged in workplace deaths, impaired driving deaths, and other situations where carelessness causes death.
What defences are available for homicide charges?
Defences include self-defence, defence of others, accident, mistaken identity, provocation (reducing murder to manslaughter), mental disorder, and challenging the Crown's evidence of intent. The appropriate defence depends on the specific facts.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.