Understanding the Different Degrees of Murder Charges in Canada.

While most people have heard of “first-degree” and “second-degree” murder, there is often confusion about how they differ and how both differ from manslaughter. All murder convictions in Canada carry a sentence of life imprisonment, but the law sets out different rules for parole eligibility depending on the charge. Understanding these distinctions is critical for anyone facing such allegations.

Homicide in Canadian Law

Under the Criminal Code of Canada, “homicide” means the killing of one person by another. There are two broad categories:

• Non-Culpable Homicide – Killings that are legally justified, such as in self-defence or by police acting within their lawful duties.
• Culpable Homicide – Killings that are blameworthy under the law, which include:
• • First-degree murder
  • Second-degree murder
  • Manslaughter
  • Infanticide

Those facing homicide allegations should speak to an experienced criminal defence lawyer.  If you or your loved ones are facing such charges and are seeking legal advice, please reach out Linh Pham at (306) 502-5987 or for a free consultation.

First-Degree Murder

A person commits first-degree murder when the killing is both planned and deliberate. This means the accused not only intended to cause death, but also took time to plan the act.

Certain killings are automatically classified as first-degree murder even without premeditation. These include murders committed:

• Against a police officer or prison employee acting in the course of duty;
• During specific serious crimes such as:
  • Aircraft hijacking
  • Sexual assault (with or without a weapon)
  • Aggravated sexual assault
  • Kidnapping or forcible confinement
  • Hostage-taking
• For payment or the promise of payment (“contract killings”).

Second-Degree Murder

Second-degree murder is any intentional killing that is not planned or deliberate, and that does not fall into the special categories for first-degree murder. It still involves intent to kill or cause bodily harm likely to result in death, but without prior planning.

Manslaughter

Manslaughter occurs when a person causes the death of another without the intent to kill. This often arises from criminal negligence, unlawful acts such as assaults that unintentionally result in death, or situations where the accused acted in the heat of passion due to sudden provocation.

Parole Eligibility

• First-degree murder – Life sentence, no parole eligibility for 25 years.
• Second-degree murder – Life sentence, no parole eligibility for 10 to 25 years, with the exact period set by the court (minimum 15 years in most cases).
• Manslaughter – No minimum parole ineligibility period unless a firearm is used, in which case mandatory minimums apply.

Why Legal Representation Matters?

Murder and manslaughter charges are among the most serious in Canadian criminal law. The stakes—both in terms of sentencing and the impact on your life—are incredibly high. An experienced criminal defence lawyer can scrutinize the evidence, challenge the Crown’s theory, and ensure your rights are fully protected throughout the process.

If you or someone you care about is facing a murder or manslaughter charge, contact Linh Pham at (306) 502-5987 for a free and confidential consultation.

Legal Citation:

• Criminal Code, RSC 1985, c C-46, ss. 222–231 – CanLII Link