QUICK TAKEAWAY
Manslaughter: is covered under s.234 of Canada's Criminal Code states that If you commit an unlawful act that causes the death of another person, you could be convicted and imprisoned for life. Unlike murder, death in manslaughter is not planned, and there is no intent to kill. If you do something wrong and a person dies, you could face trial. You could also face manslaughter charges in cases of criminal negligence. For example, if you are a caregiver who fails to provide the necessities of life to a child. There would be no mandatory minimum sentence for manslaughter unless a firearm was used, in which case the minimum jail term is four years imprisonment.
Table of Contents:
What is 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 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.
According to the Criminal Code, provocation is defined as “conduct of the victim ... of such a nature as to be sufficient to deprive an ordinary person of the power of self-control ... before there was time for their passion to cool.”
A murder charge can be also reduced to manslaughter if your mental faculties were impaired by alcohol or other substances.
What is Needed to Convict
Unlike murder, the Crown does not have to prove that you intended to kill. It must be established that a reasonable person in your position would realize that death was likely to occur and you were reckless. As with any charge, guilt must be proven beyond a reasonable doubt.
Self-defenceUsing a reasonable amount of force to protect yourself can be used to establish your innocence. Section 34 of the Code, states that you are not guilty of an offence if you reasonably believe that force is being used against you (or is being threatened) or another person. It is important to remember the force used in defending yourself cannot be excessive.
Your lawyer may also be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.
Treated as an Indictable Offence
If you have been charged with any homicide, including manslaughter, the Crown will proceed as an indictable offenceIndictable offences are more-serious criminal offences and you can be imprisoned if convicted.
Penalty for Manslaughter
Without a firearm, manslaughter doesn't have a minimum penalty. Still, it can lead to a maximum life sentence with paroleA conditional freedom for a prison inmate eligibility after seven years, subject to the judge's discretion to delay eligibility for up to 10 years under s.743.6 of the Code.
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.
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Terry S. Guerriero, Barrister And Solicitor
Snow Lawyers Professional Corporation.
Thomson Mahoney Delorey Llp
Zegers Law Professional Corporation
Demelo Law
Dominion Criminal Defence.
Glossary of Legal Terms
Culpable homicide
Murder, manslaughter or infanticide where the death was caused by an intentional act or criminal negligence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Parole
Parole is a bridge between incarceration and return to the community. It is a conditional release, and contributes to the protection of society by allowing some offenders to continue to serve part of their sentence outside of the institution under the supervision of a parole officer and subject to conditions.
Self-defence
A person is not guilty of an offence if they reasonably believe on reasonable grounds that force was being used against them or another person. or that a threat of force was made. They can act in self defence to protect themselves or the other person, as long as their actions are reasonable in the circumstances.
