Manslaughter

Under the Criminal Code, anyone who intentionally causes the death of another or intentionally inflicts bodily harm that they know is likely to cause death, and they are not acting in self-defence or defence of another, has committed a homicide. Canadian law recognizes three levels of culpable homicideA killing where intent is proven; first- and second-degree murder, infanticide and manslaughter.

Manslaughter is considered a homicide that was committed without the intention to cause death, although there may have been an intention to cause bodily harm. For example, if you fire a gun and unintentionally hit a bystander and kill them, you could be charged. If you punch someone and they fall, strike their head and die, you could be convicted of manslaughter. Essentially, if someone’s death was a direct consequence of an unlawful act by you, manslaughter charges can be laid.

You could also face charges if a homicide occurs due to an action or inaction if you owe a duty of care to someone. However, you would not be charged as a bystander who sees someone in distress and chooses not to help.

A culpable homicide that would otherwise be considered murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

Under s. 232(2) of the Criminal Code, provocation has a specific legal meaning. The victim's conduct must first meet a threshold: it must be conduct that would constitute an indictable offence punishable by five or more years in prison. If that threshold is met, the conduct must also be serious enough to deprive an ordinary person of self-control. Finally, the accused must have acted on it suddenly, before there was time for their passion to cool. Not every upsetting or insulting act will qualify; the law sets a high bar.

A murder charge may also be reduced to manslaughter if your mental faculties were impaired by alcohol or other substances.

Unlike murder, the Crown does not have to prove that you intended to kill. For unlawful act manslaughter, the Crown must prove that a reasonable person in your situation would have foreseen a risk of bodily harm that is neither trivial nor transitory. The Crown does not have to prove that you or a reasonable person could foresee that death would result. This standard was established by the Supreme Court of Canada in R. v. Creighton. As with any charge, guilt must be proven beyond a reasonable doubtThe high standard the Crown must meet to prove guilt..

Self-defenceA defence involving force used to protect against force or threat. may also be relevant. Section 34 of the Code says a person is not guilty if they reasonably believed force was being used or threatened against them or another person, acted to defend or protect, and their response was reasonable in the circumstances.

Charter issues may also matter if your arrest or the police investigation violated your rights.

If you have been charged with any homicide, including manslaughter, the Crown will proceed as an indictable offenceA more serious type of Canadian criminal offence. and you can be imprisoned if convicted.

Without a firearm, manslaughter does not carry a minimum penalty. It can still lead to a maximum sentence of life imprisonment, with paroleConditional release from custody before the full sentence ends. eligibility beginning after seven years under s.120(2) of the Corrections and Conditional Release Act, less any time spent in pre-sentence custody. At sentencing, a judge may also order that parole eligibility be delayed by up to 10 years under s.743.6 of the Criminal Code, if the court is satisfied that denunciation or deterrence requires it. If a firearm is involved in the offence, you can be sentenced to a minimum of four years in prison, with parole eligibility after serving one-third of the sentence.

Some search terms come from American law and do not match how Canada labels these offences.

• "Involuntary manslaughter." Canadian law uses one term, "manslaughter." It does not split it into "voluntary" and "involuntary." Manslaughter does not require an intention to kill.
• "Attempted manslaughter." The Criminal Code does not label a separate offence as "attempted manslaughter." Because manslaughter involves a death, searches for this phrase usually point to other offences, such as attempted murder or offences involving serious bodily harm, depending on the facts.