Murder, Homicide, and Manslaughter Lawyer in Winnipeg

Homicide, as defined by Section 222 of the Criminal Code of Canada, involves a person causing the death of another person, either directly or indirectly. It is essential to distinguish between culpable and non-culpable homicide. Culpable homicide is the voluntary and intentional killing of another person. Non-culpable homicide, on the other hand, is unintentional or involuntary, but still resulting in a death. 

Culpable Homicide: This category includes the criminal acts of murder, manslaughter, and infanticide. The criteria for culpable homicide, found in Subsection 222(5) of the Criminal Code, are: 

• Committing an unlawful act that results in death; 
• Engaging in criminal negligence that results in death; 
• Using threats, fear of violence, or deception, to cause a person to act in a way that results in their death; 
• Wilfully frightening a child or sick person, resulting in their death.

Non-Culpable Homicide: This generally covers accidents or cases of self-defence. The key distinction is that non-culpable homicides occurs without criminal intent to cause another person’s death; and without criminal negligence. 

CULPABLE HOMICIDES – MURDER

Canadian law recognizes different degrees of culpable homicide:

First-Degree Murder: (s231(2) of the Criminal Code): This is a homicide that is planned and deliberate. There are certain circumstances where murder is first-degree murder without these elements, such as: the murder of a peace officer acting in the course of their duty, or a murder that has certain aggravating factors as part of the incident (e.g. sexual assault, kidnapping, and forcible confinement).

Specific examples include planning and executing a murder to collect life insurance money; killings during serious offences like hijacking, sexual assault, or kidnapping; and killing a peace officer who is acting in the course of their duties.

A conviction for first-degree murder carries a mandatory life sentence without parole eligibility for 25 years. In cases of multiple murders, consecutive sentences can extend the time before parole eligibility, reflecting the crime’s severity and premeditated nature. Youth offenders between 12 and 17 years old, charged with first-degree murder, face a maximum sentence of 10 years.

Second-Degree Murder: (section 229 of the Criminal Code): This involves the death of an individual where a person intended to kill them, or cause them bodily harm likely to result in death, without premeditation. It is any murder that is not first-degree. 

If you are convicted of second-degree murder, the penalty is a mandatory life sentence, with the judge having the discretion to set parole eligibility after a minimum of 10 years. This allows for the possibility of earlier release depending on the case’s circumstances. Hiring an experienced lawyer will assist you when it comes to assessing eligibility and obtaining your release.

CULPABLE HOMICIDES – OTHER

Infanticide: This specific offence is defined in Section 233 of the Criminal Code. It involves a mother killing her newborn child while she is facing mental disturbance from the birthing process, or the subsequent physiological challenges that occur post-birth.

Manslaughter: (section 234 of the Criminal Code): This involves an unlawful act that results in death but without the intent to kill. Manslaughter is not planned. 

The sentences for manslaughter can range from probation to life imprisonment, depending on the offence’s circumstances and severity. Mandatory minimum sentences may apply, particularly if a firearm is used. 

Unlawful Act Manslaughter: This occurs when a death results from a criminal act that is objectively dangerous in which the risk of harm is foreseeable—though there is no need for death to be a foreseeable outcome. For example, a person punches someone in a fight, causing them to fall and hit their head, leading to their death. The punch is an unlawful act (assault), and a fall is a dangerous act that leads to death. In these cases, the accused must have intended to commit the unlawful act that led to the death, even if there was no intent to kill.

Criminal Negligence Causing Death: This occurs when the accused demonstrates a wanton or reckless disregard for the lives or safety of others, resulting in death. Wanton or reckless disregard means the accused knew or should have known that their actions were likely to cause harm, but they proceeded with their actions regardless. It involves a significant departure from the standard of care that a reasonable person would exercise under similar circumstances.

If you’re facing homicide charges, understanding the difference between first-degree murder, second-degree murder, and manslaughter is absolutely crucial.  These legal terms aren’t just abstract concepts; they determine the level of intent and responsibility you’ll be accused of, which directly impacts the potential consequences you’ll face.  It’s a complex situation, but you don’t have to navigate it alone. An experienced murder defence lawyer can help you understand the charges, build a strong defence strategy tailored to your specific case, and fight to protect your rights and freedom.

Attempted murder (s. 239 of the Code) involves an intentional and direct effort to kill someone where the act is either interrupted or not fully carried out. For a conviction, the Crown must show that the accused consciously desired or intended to cause the victim’s death and took a direct step, beyond mere preparation, aimed at causing it. It is not, however, necessary that the accused had a particular victim in mind. A random act of violence with the goal of killing indiscriminately will also be considered attempted murder.

The gravity of this offence is reflected in its severe penalties, which can include life imprisonment, underscoring the seriousness of attempting to take a human life.

Second-degree murder, as defined in Section 231(7) of the Criminal Code of Canada, is a culpable homicide that occurs without premeditation. Unlike first-degree murder, second-degree murder does not require planning and can occur in the heat of the moment or during an argument.

Second-degree murder includes scenarios where the perpetrator intended to cause death or bodily harm likely to cause death, acted with recklessness regarding whether death ensued, or caused death by accident or mistake while intending to harm another person. It also includes actions taken for an illegal purpose that are likely to result in death.

A second-degree murder conviction carries a mandatory life sentence. However, the judge has discretion in setting parole eligibility, which can be as early as 10 years depending on the circumstances of the case.

Factual innocence is a defence asserting that the accused did not commit the crime. If the Crown cannot prove the essential elements of the offence beyond a reasonable doubt, the accused will be acquitted. Common approaches to asserting factual innocence include but are not limited to: 

• Establishing an alibi
• Presenting evidence that contradicts the prosecution’s case, including that someone else committed the crime 
• Showing that the actions of the accused did not cause the death. 

Successfully proving factual innocence requires meticulous investigation, thorough legal knowledge, and the ability to effectively challenge the prosecution’s evidence.

In terms of Section 34(1) of the Criminal Code of Canada, your actions may be justified in certain circumstances, such as protecting yourself or others from force or threats of force. To successfully argue self-defence, you’ll have to demonstrate:

• There were reasonable grounds to believe force was being—or would be—used against themselves or others
• Their actions were to defend or protect themselves or others
• The actions taken in defence were reasonable in the circumstances.