Purser Law Blog

What is a Homicide?

In Canadian criminal law, a “homicide” occurs when someone directly or indirectly causes the death of another human being. However, it is only “culpable homicide” that will lead to criminal charges. Culpable homicide means to cause another person’s death by: 

• an unlawful act;
• criminal negligence;
• causing, by threats or fear of violence or by deception, the deceased to do anything that causes death; or
• wilfully frightening a child or sick person so as to cause death.

There are three kinds of “culpable homicide” recognized by the Criminal Code: murder, manslaughter and infanticide. Each one of these offences criminalize different acts.

What is Murder?

If someone causes the death of another person, that is murder if:

• They intended to cause the death of the victim;
• They intended to injure the victim in a way that was likely to cause their death, reckless to whether or not death would ensue;
• They intended cause the death of another person, but accidentally caused the death of the victim instead; or
• They did not intend to cause the death of the victim but intended to do something illegal that was still likely to cause the death of the victim.

Murder is either in the first or second degree. Murder is first degree if it is planned and deliberate. This requires the Crown prosecutor to prove that accused person planned or prepared to kill the victim in advance. Killings committed on sudden impulse or without prior consideration would not be considered first-degree murder.

However, it is important to know that, regardless of whether a killing is planned or deliberate, it will still be considered first-degree murder if:

1. The victim is a police officer, sheriff or a similar official employed in maintaining the public peace;
2. The victim is an employee of a prison or a person working in a prison; or
3. The death is caused while committing or attempting to commit:

• • A Hijacking;
  • A Sexual assault;
  • A Sexual assault with a weapon, threats to a third party or causing bodily harm;
  • An Aggravated sexual assault;
  • A Kidnapping orforcible confinement; or
  • A Hostage taking. 

All murder that is not first degree murder is second degree murder. This includes killings that were deliberate, but not planned in advance.

A person who is convicted of first-degree murder or second-degree murder will be sentenced to life-imprisonment. A person who is convicted of first degree murder will receive a minimum period of parole ineligibility of 25 years. If multiple murders are committed, the period of parole ineligibility may be longer.

A person who is convicted of second degree murder will receive a minimum period of parole ineligibility of 10 years but the Court can impose a period of parole ineligibility between 10 and 25 years, depending on the circumstances. 

What is Manslaughter? 

Manslaughter includes all forms of culpable homicide that is not murder or infanticide. This captures a wide range of conduct, from near accident to near murder and everything in between.

The most common form of manslaughter is called “unlawful act manslaughter.” To prove unlawful act manslaughter, the Crown prosecutor must show that the accused person caused the death of another person by doing something that was objectively dangerous and illegal. The accused person need not have intended to kill the other person in order to be found guilty of unlawful act manslaughter.

If someone is convicted of manslaughter, they may receive a maximum sentence of life imprisonment. There is, however, no mandatory minimum sentence unless a firearm is used, in which case the mandatory minimum sentence is four years imprisonment.

What is Infanticide? 

Infanticide occurs when a female person, who has not fully recovered from the effects of giving birth and who suffers from a disturbed mind because of giving birth or breast-feeding, causes the death of their new-born child. Infanticide is an unusual offence that is rarely prosecuted. If someone is guilty of infanticide, they face a maximum sentence of five years imprisonment.

Edmonton Homicide Lawyers  

Homicide prosecutions arecomplicated, each presenting distinct facts and legal challenges. At Purser law, our Experienced Murder Lawyers have handled many homicide cases. With our team's experience, we offer invaluable support to clients facing these charges. Reach out to Purser Law at (780) 851-7435 today to speak to an Experienced Homicide Lawyer in Edmonton.

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