QUICK TAKEAWAY
Homicide Laws (Youth): Homicide is the most serious charge in the Criminal Code. If you cause the death of anyone by threats or fear of violence or by deception or do anything that causes their death, you can face charges under s.222 (1) of the Code. Because it is the most serious charge, it comes with the harshest maximum sentence of up to life in prison. If you are a youth convicted of homicide, you could receive the same maximum sentence although you will be eligible for parole much earlier. There are three categories of homicide in Canada: first-degree and second-degree, manslaughter and infanticide. You can be acquitted on homicide charges if you can prove self-defence. You can also have the charge of murder bumped down to manslaughter.
Table of Contents:
What is Homicide?
Culpable homicideA killing where intent is proven is intentionally causing the death of another or intentionally inflicting bodily harm that you know is likely to cause death if you are not acting in self-defenceUsing a reasonable amount of force to protect yourself or the defence of another as defined by law. A non-culpable homicide would be considered a death that is a result of an act of self-defence or as a result of an accident.
First-degree murder is the most serious charge of homicide. It is a killing that is planned and deliberate. If you kill someone but did not have the intention you can face manslaughter charges. This could include an incident where you are fighting with someone, shove them and they die after falling.
Types of Homicide
First-Degree Murder
Premeditation is the key with first-degree murder. Covered under s.231, first-degree is a homicide that is planned and deliberate such as a contract killing. You can also be found guilty of first-degree while committing or attempting to commit an indictable offence such as a sexual assault, highjacking or a kidnapping. Killing of an on-duty police officer or a prison employee is also considered a first-degree homicide.
Second-Degree Murder
Second-degree murder is defined in s.231 (7) as any murder that is not first-degree murder. It is a deliberate killing that occurs without planning. For example, killing someone during an argument or in the heat of passion would be considered second-degree murder. The difference between first-degree and second-degree murder involves parole eligibility.
Manslaughter
If you commit an unlawful act that causes the death of another you could be convicted of manslaughter under s.234 of the Code. Unlike murder, the death was not planned or foreseeable and there was no intent to kill. Manslaughter charges can also be laid in cases of criminal negligence. The law states that if you do something wrong and a person dies you could be found guilty of manslaughter. In some cases, a murder charge may be tried as manslaughter if the mental faculties of the accused were impaired of if the homicide occurred in the heat of passion.
Infanticide
Section 233 of the Criminal Code states that a female commits infanticide if she causes the death of her new-born child by a wilful act or omission when her mind is disturbed as a result of the effects of giving birth.
What is Needed to Convict
The Crown prosecutorLawyers who prosecutes charges on behalf of the Crown has different burdens of proof to win a conviction depending on the type of homicide. It must be established beyond a reasonable doubt that you are the person who committed the unlawful act and that act contributed to the death.
For a first-degree murder conviction, it must be established beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you planned and deliberately killed the victim. The judge or jury must also be convinced your actions were essential to the killing.
For a second-degree murder conviction, the Crown does not have to prove that you had intent to kill only that you foresaw death as a probable consequence of your actions.
With manslaughter, the Crown is not obligated to show that you had the intent to kill, only that the death was the result of an unlawful act.
A defence attorney may be able to argue why your arrest was not lawful under the Canadian Charter of Rights and Freedoms. If you were acting in self-defence and did not mean to cause death you could be acquitted.
Treated as an Indictable Offence
If you are facing trial for a homicide the Crown will proceed with the charge as an indictable offenceIndictable offences are more-serious criminal offences and you face imprisonment if convicted.
Penalties for Homicide
The maximum sentence for any criminal offence under the Youth Criminal Justice Act (YCJA) ranges from two to 10 years depending on the crime. Judges are also permitted to impose an adult sentence for serious offences where the offender was 14 years of age or older when the crime was committed. Crown prosecutors “are obligated to consider seeking an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault,” according to the Department of Justice. However, the Act allows provinces to raise the age at which this obligation applies to 15 or 16. If you are between the ages of 12 and 13 you will not face a life sentence.
If you are sentenced as an adult, you face the same penalties under Criminal Code as an adult offender. The only difference is parole eligibility.
Sentences for homicide convictions include:
- Infanticide: Five years in prison, with no minimum term. The maximum jail term under the YCJA is three years.
- Manslaughter: Penalties range from probation to life imprisonment, although a life term is not an automatic sentence for manslaughter. If you have been charged with using a firearm at the time of the offence there is a minimum prison sentence of four years. There is no minimum sentence. As a youth you could face up to three years in jail.
- First-degree and second-degree murder: Mandatory life sentence. The difference in the charges deals with parole eligibility. Once you have served your sentence for murder, you will be limited by the conditions of your parole for the rest of your life.
Parole eligibility under the YCJA:
- First-degree murder: Maximum of 10 years with maximum of six years in custody and the remainder in the community under supervision with conditions.
- Second-degree murder: Maximum of seven years with a maximum of four years in custody the remainder in the community under supervision with conditions.
If you are sentenced as an adult, you will remain incarcerated in a youth facility until you are 18 and then transferred to an adult prison.
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Mark Jacula - Criminal Lawyer
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
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.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
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.
